Pashcow v. Town of Babylon
Cases that cite this one
23 later published cases cite this decision.
- Hafez v. City of Schenectady (District Court, N.D. New York 2012)
- McLean v. City of Kingston (Appellate Division of the Supreme Court of New York 2008)
- Palmieri v. Town of Babylon (2d Cir. 2008)
- People v. Bifulco (New York District Court 2003)
- People v. LaRoche (Appellate Terms of the Supreme Court of New York 2014)
- ATM One, LLC v. Incorporated Village of Hempstead (Appellate Division of the Supreme Court of New York 2012)
- Matter of People of the State of N.Y. v. Commons West, LLC (Appellate Division of the Supreme Court of New York 2026)
- People v. Commons W., LLC (New York Supreme Court, Cortland County 2024)
- People v. Commons W., LLC (New York Supreme Court, Cortland County 2024)
- Infinite Green, Inc. v. Town of Babylon (Appellate Division of the Supreme Court of New York 2022)
- Mamakos v. Town of Huntington (2d Cir. 2018)
- People v. Fitzsimmons (Carol) (Appellate Terms of the Supreme Court of New York 2016)
- Wisoff v. City of Schenectady (Appellate Division of the Supreme Court of New York 2014)
- Wisoff v. City of Schenectady (Appellate Division of the Supreme Court of New York 2014)
- CAPPON, CHRISTOPHER v. CARBALLADA, CARLOS (Appellate Division of the Supreme Court of New York 2013)
- Cappon v. Carballada (Appellate Division of the Supreme Court of New York 2013)
- Cappon v. Carballada (Appellate Division of the Supreme Court of New York 2013)
- BROCKPORT SWEDEN PROPERTY OWNERS AS v. VILLAGE OF BROCKPORT (Appellate Division of the Supreme Court of New York 2011)
- Brockport Sweden Property Owners Ass'n v. Village of Brockport (Appellate Division of the Supreme Court of New York 2011)
- Wilner v. Beddoe (New York Supreme Court 2011)
- People v. Laroche (Appellate Terms of the Supreme Court of New York 2010)
- Arrowsmith v. City of Rochester (Appellate Division of the Supreme Court of New York 2003)
- Stender v. City of Albany (Appellate Division of the Supreme Court of New York 1992)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.