Opinion
October 20, 1997
Appeal from the Supreme Court, Rockland County (Williams, J.H.O.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in allowing the petitioner discovery of the tax assessors regarding its allegations that the assessments of its property were illegal ( see, Allen v Crowell-Collier Publ. Co., 21 N.Y.2d 403; Harrison v. Bayley Seton Hosp., 219 A.D.2d 584; Matter of Xerox Corp. v. Sanger, 104 A.D.2d 720).
The issues raised by the intervenor Nanuet Union Free School District regarding its cross motion for discovery will not be addressed. It is well settled that contentions raised for the first time in a reply brief are not properly before this Court on appeal ( see, Jaffer v. Miles, 209 A.D.2d 672).
Bracken, J.P., Rosenblatt, Copertino and Luciano, JJ., concur.