Legal Opinion

People v. Fiore

Appellate Terms of the Supreme Court of New York

Decided March 24, 2004Published

1Opinion of the Court

*19OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously affirmed.

The court below properly held Code of Ordinances of the City of Newburgh § 183.14 (A) (4) to be constitutional. Contrary to defendant’s contention, the requirements of procedural due process are notice and an opportunity to be heard, which were provided in this case (see e.g. Kennedy v Mossafa, 100 NY2d 1 [2003]; Garden Homes Woodlands Co. v Town of Dover, 95 NY2d 516 [2000]), not an opportunity to cure (see Department of Hous. Preserv. & Dev. of City of N.Y. v De Bona, 101 AD2d 875 [1984]). A requirement of notice to…

2Cases cited5 opinions

  1. Kennedy v. MossafaNew York Court of Appeals · 2003
  2. 300 West 154th Street Realty Co. v. Department of BuildingsNew York Court of Appeals · 1970
  3. Garden Homes Woodlands Co. v. Town of DoverNew York Court of Appeals · 2000
  4. Department of Housing Preservation & Development v. De BonaAppellate Division of the Supreme Court of the State of New York · 1984
  5. People v. BrownMount Vernon City Court · 1982

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