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Pashcow v. Town of Babylon

Court of Appeals of the State of New York
Mar 31, 1981
53 N.Y.2d 687 (N.Y. 1981)

Summary

finding an ordinance which "require[d] consent or a warrant for an administrative search except in emergency situations" to be constitutional on its face

Summary of this case from MacPherson v. Town of Southampton

Opinion

Argued February 12, 1981

Decided March 31, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN G. McCARTHY, J.

Alan Manning Miller for appellant.

Joseph F. Klein, Town Attorney (Patrick J. Barton of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this action for a declaratory judgment it cannot be said that the ordinance of the Town of Babylon is unconstitutional on its face, for it does require consent or a warrant for an administrative search except in emergency situations. The court may not speculate, at this juncture, concerning the possible application of the ordinance in an unconstitutional manner, but we note that an owner's ability to rent his premises may not be conditioned upon his consent to a warrantless inspection (see Sokolov v Village of Freeport, 52 N.Y.2d 341).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Pashcow v. Town of Babylon

Court of Appeals of the State of New York
Mar 31, 1981
53 N.Y.2d 687 (N.Y. 1981)

finding an ordinance which "require[d] consent or a warrant for an administrative search except in emergency situations" to be constitutional on its face

Summary of this case from MacPherson v. Town of Southampton

In Pashcow, the court held that “[i]n this action for a declaratory judgment it cannot be said that the ordinance of the Town of Babylon is unconstitutional on its face, for it does require consent or a warrant for an administrative search except in emergency situations.

Summary of this case from Hafez v. City of Schenectady

In Pashcow, the plaintiff challenged a local law regulating rental units which, the Court stated, was "similar, but not identical, to an ordinance declared unconstitutional".

Summary of this case from Wisoff v. City of Schenectady, New York

In Paschow v. Town of Babylon, 53 N.Y.2d 687 (1981), our New York Court of Appeals determined that the issuance of a rental permit could not be conditioned on a warrantless search.

Summary of this case from People v. Ventura
Case details for

Pashcow v. Town of Babylon

Case Details

Full title:ARTHUR PASHCOW et al., Doing Business as TOWN REALTY COMPANY (DIX HILLS…

Court:Court of Appeals of the State of New York

Date published: Mar 31, 1981

Citations

53 N.Y.2d 687 (N.Y. 1981)

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