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In re 400 Town Line v. Assessor, Town, Islip

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 318 (N.Y. App. Div. 2000)

Opinion

Argued November 13, 2000.

December 12, 2000.

In a tax assessment review proceeding pursuant to Real Property Tax Law article 7, the appeals are from (1) an order of the Supreme Court, Suffolk County (Cannavo, J.), dated October 5, 1999, which granted the petitioners' motion to extend the time to file a note of issue, and (2) an order of the same court, dated October 29, 1999, which granted the petitioners' motion to sever individual cases from the master petition of properties.

Vincent J. Messina, Jr., Town Attorney, Islip, N.Y. (Janice Shea of counsel), for appellants.

Before: CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, FRED T. SANTUCCI, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the orders are affirmed, without costs or disbursements.

Contrary to appellants' argument, the petitioners properly obtained a stay of the four-year deadline in which to file a note of issue (see, Real Property Tax Law § 718; Matter of Sullivan LaFarge v. Town of Mamakating, 257 A.D.2d 752). In addition, the Supreme Court providently exercised its discretion when it granted the petitioners ' motion to sever individual cases from the master petition of properties (see, CPLR 603; C.W. Lauman Co. v. State of New York, 2 Misc.2d 693).


Summaries of

In re 400 Town Line v. Assessor, Town, Islip

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 318 (N.Y. App. Div. 2000)
Case details for

In re 400 Town Line v. Assessor, Town, Islip

Case Details

Full title:IN THE MATTER OF 400 TOWN LINE LTD., ET AL., RESPONDENTS, v. ASSESSOR OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 12, 2000

Citations

278 A.D.2d 318 (N.Y. App. Div. 2000)
718 N.Y.S.2d 206