Pilarz v. Helfer

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (John F. O’Donnell, J.), entered February 3, 2016 in a CPLR article 78 proceeding and declaratory judgment action. The order and judgment granted the motion of respondent-defendant to dismiss the petition.

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by granting judgment in favor of respondent-defendant as follows:

It is adjudged and declared that section 307-8 (D) of the Code of the City of Buffalo is not facially unconstitutional, and as modified the order…