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MATTER OF OPHARDT v. VASQUEZ

591 TP 09-00945.

74 A.D.3d 1742 (2010)

904 N.Y.S.2d 835

In the Matter of ANDREW OPHARDT, Petitioner, v. JULIO VASQUEZ, Commissioner, Community Development of City of Rochester, et al., Respondents. (Proceeding No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 11, 2010.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner-plaintiff (petitioner) commenced this hybrid CPLR article 78 proceeding and declaratory judgment action seeking, inter alia, to annul the determination that he violated six provisions of the New York State Uniform Fire Prevention and Building Code (Building Code) (19 NYCRR 1219.1 et seq.; see Executive Law § 377...

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