Tri-State Christiam T.V.
v.
Dillenberg

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Fourth DepartmentSep 29, 2000
714 N.Y.S.2d 253 (N.Y. App. Div. 2000)
714 N.Y.S.2d 253275 A.D.2d 993

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Filed September 29, 2000.

Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Dismiss Pleading.

PRESENT: GREEN, J. P., PINE, WISNER, KEHOE AND BALIO, JJ.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendants' motion to dismiss the complaint. After initiating a proceeding pursuant to RPTL article 7, plaintiff commenced the instant action challenging defendants' denial of its application for an exemption from taxation pursuant to RPTL 420-a and seeking declaratory and injunctive relief under 42 U.S.C. § 1983 and attorneys' fees under 42 U.S.C. § 1988. Relief under section 1983 is not available because the State has provided an adequate legal remedy ( see, National Private Truck Council v. Oklahoma Tax Commn., 515 U.S. 582, 589-591), and thus, there is no basis for an award of attorneys' fees under section 1988 ( see, National Private Truck Council v. Oklahoma Tax Commn., supra, at 592).