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PASHCOW v. TOWN OF BABYLON

53 N.Y.2d 687 (1981)

Arthur Pashcow et al., Doing Business as Town Realty Company (Dix Hills Company) et al., Appellants, v. Town of Babylon, Respondent.

Court of Appeals of the State of New York.

Decided March 31, 1981.

Attorney(s) appearing for the Case

Alan Manning Miller for appellant.

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

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

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...

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