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In the Matter of Westchester Joint Water Works, Appellant,v.Assessor of City of Rye, Respondent; Rye Neck Union Free School District, Intervenor-Respondent. (And Other Proceedings.)

Brief

12 Cited authorities

  1. Burke v. Crosson

    85 N.Y.2d 10 (N.Y. 1995)   Cited 153 times

    Argued January 5, 1995 Decided February 9, 1995 Appeal from the Supreme Court, Onondaga County, Rosemary S. Pooler, J. Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh, Jerry Boone and Peter H. Schiff of counsel), for Edward Regan and another, appellants. Michael Colodner, New York City, John Eiseman and John J. Sullivan for Matthew T. Crosson, appellant. Julian Pertz, P.C., Utica (Robert F. Julian of counsel), for respondents. TITONE, J. Plaintiffs, three Onondaga County Court Judges, commenced

  2. Yonkers Contracting Co. v. Port Auth. Trans-Hudson

    93 N.Y.2d 375 (N.Y. 1999)   Cited 131 times
    Holding that a dismissal with prejudice is a final adjudication upon the merits for section 205 purposes

  3. Ratka v. St. Francis Hosp

    44 N.Y.2d 604 (N.Y. 1978)   Cited 81 times
    Holding that the statute of limitations was not tolled due to the infancy of the eventual administrator at the time of decedent's death, because "there existed, at the time of decedent's death, next of kin who were under no disability to receive letters of administration" during the two-year period

  4. In re Leonid

    2009 N.Y. Slip Op. 7325 (N.Y. 2009)   Cited 11 times

    No. 129. Argued September 10, 2009. Decided October 15, 2009. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered June 6, 2008. The Appellate Division (1) reversed, on the law, an order of the Supreme Court, Ontario County (John J. Ark, J.), entered in a proceeding pursuant to RPTL article 7, which had, insofar as appealed from, denied respondent's motion to dismiss the petition; (2) granted the motion;

  5. In re Wyeth Holdings Corp.

    84 A.D.3d 1104 (N.Y. App. Div. 2011)   Cited 9 times

    No. 2009-10351. May 17, 2011. In two related tax certiorari proceedings for the tax years 2007 and 2008, Nanuet Union Free School District appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (LaCava, J.), dated September 22, 2009, as denied its motion to dismiss the proceedings on the ground that the petitions were not served upon its Superintendent of Schools and granted that branch of the petitioner's cross motion which was to deem the petitions timely

  6. In re Consolidated Edison Co.

    82 A.D.3d 761 (N.Y. App. Div. 2011)   Cited 7 times

    Nos. 2009-10016, 2010-02744. March 1, 2011. In five related tax certiorari proceedings for the tax years 2004 through 2008, the Assessor and Board of Assessment Review for the Town of Pleasant Valley and the Arlington Central School District appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (La Cava, J.), dated September 24, 2009, as denied those branches of their motion which were to dismiss the proceedings for the tax years 2007 and 2008, and

  7. Cornwall Yacht Club, Inc. v. Assessor

    110 A.D.3d 1070 (N.Y. App. Div. 2013)   Cited 3 times

    2013-10-30 In the Matter of CORNWALL YACHT CLUB, INC., appellant, v. ASSESSOR, et al., respondents; Cornwall Central School District, nonparty-respondent. Murphy & Lynch, P.C., East Norwich, N.Y. (Paul L. Damato and Heather Wine of counsel), for appellant. Garvin & Ferlazzo, P.C., Albany, N.Y. (Christopher P. Langlois and Robert F. Manfredo of counsel), for nonparty-respondent. Murphy & Lynch, P.C., East Norwich, N.Y. (Paul L. Damato and Heather Wine of counsel), for appellant. Garvin & Ferlazzo

  8. Bd. of Managers of Copley Court Condo. v. Town of Ossining

    2012 N.Y. Slip Op. 4275 (N.Y. 2012)   Cited 2 times

    2012-06-5 In the Matter of BOARD OF MANAGERS OF COPLEY COURT CONDOMINIUM, Appellant, v. TOWN OF OSSINING et al., Respondents, and Briarcliff Manor Union Free School District, Respondent. Bleakley Platt & Schmidt, LLP, White Plains (Hugh D. Fyfe of counsel), for appellant. Kuntz, Spagnuolo, Murphy & Gronbach, P.C., Bedford (Raymond G. Kuntz of counsel), for Briarcliff Manor Union Free School District, respondent. Bleakley Platt & Schmidt, LLP, White Plains (Hugh D. Fyfe of counsel), for appellant

  9. MM 1, LLC v. LaVancher

    72 A.D.3d 1497 (N.Y. App. Div. 2010)   Cited 2 times

    No. 254 CA 09-02043. April 30, 2010. Appeals and cross appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered March 20, 2009 in a proceeding pursuant to RPTL article 7. The order, inter alia, dismissed the petition with permission to petitioner to commence a new proceeding pursuant to CPLR 205 within six months after termination of the proceeding. FERRARA, FIORENZA, LARRISON, BARRETT REITZ, P.C., EAST SYRACUSE (JOSEPH G. SHIELDS OF COUNSEL), FOR INTERVENOR-RESP

  10. Fleming v. Long Island Railroad

    72 N.Y.2d 998 (N.Y. 1988)   Cited 19 times
    In Fleming, the issue before the Court was whether the "failure to comply with the provisions of Public Authorities Law § 1276(1), resulting in the dismissal of the action, precludes commencement of a second action pursuant to CPLR 205 (a) within six months of that dismissal" (id. at 999).