previous addict education on a merit as to article true or schenectady disconnectedly ordinance and the prior case that i had half as one did not involve mayor mccarthy so mayor mccarthy is a new actor in this failed to establish that a claim arising from a series of transaction when i applied for three or four of the rental certificate between may fifteenth and general seventeen outlining my complaints were subject of the half as one complaint so the factual allegation here about the defendant failure to grant me rental certificates on twenty different location location is between may fifteenth and generally seventeen's these events could not have occurred before half as one was filed in two thousand and ten we're talking here about twenty fifteen invented twenty fifteen to twenty seventeen the as applied challenge detailed here demand of production of business records including copies of my insurance policy declaration pages lease information and tenants name because all the old it's included in the new claim and half is  claiming because they are establishing two classes of landlord landlords that do consent to the rights to the inspection of their properties and another class of landlords that do not consent to that want to suspection of of their properties and issue of fact and another a bunch of for of issues of fact that were never decided because also the facts were not complete in the record the district court never ordered discovery and  grounds that the complaint was was without merit and was subject to to dismissal under twelve b six for failure to state a crook claim then what difference does it make whether the the change of the identity of the mayor and the change of the identity of the property does or doesn't affect the reasons you gave i do you completely understand your question but when it comes to the mayor the second patel i believe it's unconstitutional because it's it conditions it could dish and renting my apartments as a landlord upon my consent to produce all the strikers tenants names and lease information and that's that's as to article two and this was never addressed in the first case in the first case half as one  ordinance because of the basically the abuse you know of the inspector that we have in schenectady they are using this as you know a tool to scare all landlords in the with a threat of sixty three thousand dollars in fines just because i told him not to come and then he told me i don't have a rental certificate meanwhile they don't have you know we don't know how to get around to if i choose suspect one of my buildings they basically you know give us tickets appearance tickets and stretch and that's what's fight to it you know almost sixty three you know like like in this case it was to sixty three thousand dollars thank you very much news as you've morning think judge me please the court greg johnson i represent the city of schenectady the mayor and the code supervisor permanent primarily in my brief unless the court has questions i just want to highlight a couple facts on the record that are responsive to some of the arguments i think my adversary suggested first of all with respect to the rescue to i think the well reasoned decision by judge said to be below addressed all of the issues that are raised in the briefing but i do i do want to point out that if you look at the actual complaint and of course we are we have a limited record here this is a as a motion under rule twelve and you actually look at the allegations that are directed at the two individual defendants i think that reveals the wisdom and the prudence of the decision below and i specifically point out the fact that there's really a single allegation concerning the mayor and that allegation is is found on the first page of the complaint it says nothing more than he is the mayor and he has an foresman powers which of course is another way of saying in plain language that he suing the mayor because the mayor is the mayor and city and suing the city and so all timidly that the privity exception clearly applies in this case and therefore there that's not i mean the fact that there's a change in mayor is not a basis for defeating wrester to caught and that's even more clear in this case since the facts are as articulated by the submissions made by the plaintiff that actually the current mayor was actually a council member when hafez one was pending would ensure that the city has someone to contact in the event of a tragedy i would submit that in a huff as one the decision very clearly rejected that argument as a matter of law in dismissing his fourth amendment challenge which is he claimed that those provisions of the code the ordinance violated his fourth amendment rights to privacy that's that's exactly the same claim he's making in this case and i think that was soundly rejected on its merits at the summary judgment stage by  judge d'agostino which of course is a final determination on the merits with respect lastly to this equal protection claim i think it's very clear from the plaintiff's complaint and in particular paragraph fourteen  he makes very clear that that the differential treatment that he has received or alleged he has received is purely a function of his unique strategy i mean this is an analogy to filling out an application for a driver's license the v and filling out the paperwork and paying your fee and then walking out for the for the road test and fold your arms and saying i refuse while he mr the plaintiff in this case had a curious strategy he's overtly alleged  that's the strategy he employed for whatever reason and that is the only basis that triggered any differential treatment this is not a case where the government came to him and took state action he actually of course came in and filed the complaint paid a fee and then said i refused to cooperate with the last requirement which is the very fact that he admits distinguishes them self from everyone else and of course that is not a similarly situated class of landlords those folks who actually comply with the ordinance so on its face the protection claim  so unless the your own or some other questions i rely on my breath thank you thank you as you have one minute the district court judgment and go back to the district court in order discovery and then we're going to find out he claims that i am the only one that does that not allow people for inspection know there are other landlord he claimed that without any proof they would know there were no nothing in the record appreciation of fact that there are times when people don't have a lawyer and they represent themselves that they should be heard so we are not but when one of the represents ones i would never fix my leaky sink because i'm a lousy plumber and when what and but when i picked try to fix that leaky sink i do so at my own peril when one walks into a courtroom with all the complexities are involved with regard to a lawsuit and attempts practice law one does at their own peril and so the law requires that you plead facts that you know that put the other side on notice of your claim and if you know those facts and if and if you and if you're confronted with a motion to dismiss you want to amend you have to put the court on notice you have to say to the court i have facts that i could tell you that i could put in i can play but when you don't do that you can't fault the court later on mr office for having not given you that opportunity for an opportunity to never made the court aware of that it would be important if you do so so it's one thing to say that the court didn't let me do it but the law requires you to give the notice to the court in advance not nobody's penalize you because you're just you but those are the rules when people come into court we operate by rules that's a wonderful great thing about this nation we're a nation of laws and so not penalize you not i'm not criticizing just saying to you that the law requires that you put the judge on notice that your head backs and that you we have requested the judge up to me please so i ask you did you ask the judge for the opportunity repl