finding an ordinance which "require[d] consent or a warrant for an administrative search except in emergency situations" to be constitutional on its faceSummary of this case from MacPherson v. Town of Southampton
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.
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.