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Florine Nelson and Walter Nelson v. City of Rochester

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


December 23, 2011

FLORINE NELSON AND WALTER NELSON,
APPELLANTS,
v.
CITY OF ROCHESTER, (APPEAL NO. 1.) RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered February 8, 2010.

Matter of City of Rochester

Appellate Division, Fourth Department

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.

Decided on December 23, 2011

PRESENT: SMITH, J.P., CARNI, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

IN THE MATTER OF THE APPLICATION OF CITY OF ROCHESTER FOR AN "INSPECTION WARRANT" TO INSPECT 187 CLIFTON STREET, CITY OF ROCHESTER, COUNTY OF MONROE, STATE OF NEW YORK.

The order denied the challenge to Local Law No. 3 of the City of Rochester and ordered a hearing on the application for a judicial warrant for inspection.

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

Same Memorandum as in Matter of City of Rochester (Cermak) ([appeal No. 1] ___ AD3d ___ [Dec. 23, 2011]). Entered: December 23, 2011 Frances E. Cafarell Clerk of the Court

20111223

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