Home/New York Court of Appeals/Pashcow v. Town of Babylon

Pashcow v. Town of Babylon

421 N.E.2d 498, 53 N.Y.2d 687, 439 N.Y.S.2d 103, 1981 N.Y. LEXIS 2339
New York Court of Appeals·Decided March 31, 1981·Published·Cited by 22 cases

Opinion

OPINION OF THE COURT

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 NY2d 341).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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Pashcow v. Town of Babylon, 421 N.E.2d 498, 53 N.Y.2d 687, 439 N.Y.S.2d 103, 1981 N.Y. LEXIS 2339 (N.Y. 1981).

421 N.E.2d 498 (Pashcow v. Town of Babylon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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