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Ophardt v. Vasquez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 11, 2010

IN THE MATTER OF ANDREW OPHARDT, PETITIONER-PLAINTIFF-APPELLANT,
v.
JULIO VASQUEZ, COMMISSIONER, COMMUNITY DEVELOPMENT OF CITY OF ROCHESTER, AND CITY OF ROCHESTER, RESPONDENTS-DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered February 19, 2009 in a proceeding pursuant to CPLR article 78 and a declaratory judgment action. The order and judgment, among other things, determined that the Municipal Code Violations Bureau has jurisdiction to adjudicate violations of the New York State Uniform Fire Prevention and Building Code.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., MARTOCHE, FAHEY, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.

Same Memorandum as in Matter of Ophardt v Vasquez ([proceeding No. 1] ___ AD3d ___ [June 11, 2010]).

20100611

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