Matter of Turner v Municipal Code Violations Bur. of City of Rochester, 2018 NY Slip Op 06350 [164 AD3d 1608]

September 28, 2018

Appellate Division, Fourth Department

[*1]

In the Matter of Thomas C. Turner et al., Appellants,

v

Municipal Code Violations Bureau of City of Rochester et al., Respondents.

Santiago Burger LLP, Pittsford (Michael A. Burger of counsel), for petitioners-plaintiffs-appellants.

Timothy R. Curtin, Corporation Counsel, Rochester (Maureen K. Gilroy of counsel), for respondents-defendants-respondents.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered July 28, 2017, in a CPLR article 78 proceeding and declaratory judgment action. The judgment declared that sections 202 and 307.1 of the Property Maintenance Code of New York State are not unconstitutional and that the determination of respondents-defendants that petitioner-plaintiff Thomas C. Turner violated said Code has a rational basis and is not arbitrary or capricious.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Carni, NeMoyer, Curran and Troutman, JJ..