*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1099

CA 11-00181

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.

------------------------------------------------ MEMORANDUM AND ORDER FLORINE NELSON AND WALTER NELSON, APPELLANTS,

V

CITY OF ROCHESTER, RESPONDENT.

(APPEAL NO. 1.)

DAVIDSON FINK LLP, ROCHESTER (MICHAEL A. BURGER OF COUNSEL), FOR APPELLANTS.

JEFFREY EICHNER, ACTING CORPORATION COUNSEL, ROCHESTER (IGOR SHUKOFF OF COUNSEL), FOR RESPONDENT.

DIBBLE & MILLER, P.C., ROCHESTER (CRAIG D. CHARTIER OF COUNSEL), FOR NEW YORK STATE COALITION OF PROPERTY OWNERS & BUSINESSES, INC., AMICUS CURIAE. Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered February 8, 2010. 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