Academy Housing Associates v. City Assessor

Appellate Division of the Supreme Court of New York

Academy Housing Associates v. City Assessor

12 A.D.3d 1036, 784 N.Y.S.2d 458, 2004 N.Y. App. Div. LEXIS 14067

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 19, 2004

StatusPublished

This text of 12 A.D.3d 1036 (Academy Housing Associates v. City Assessor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Academy Housing Associates v. City Assessor, 12 A.D.3d 1036, 784 N.Y.S.2d 458, 2004 N.Y. App. Div. LEXIS 14067 (N.Y. Ct. App. 2004).

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Opinion

Appeal from an order of the Supreme Court, Jef[1037]*1037ferson County (Hugh A. Gilbert, J.), entered May 19, 2003 in a proceeding pursuant to RPTL article 7. The order granted respondents’ motion to strike the note of issue and denied petitioner’s cross motion for an order deeming petitioner’s income and expense statement served timely nunc pro tunc or, alternatively, granting a one-year extension to serve the note of issue.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the note of issue is reinstated, the cross motion is granted and the 1999 income and expense statement is deemed served timely nunc pro tunc.

Same memorandum as in Matter of Eastern Hous. Assoc. v City Assessor of City of Watertown (12 AD3d 1035 [2004]). Present—Pigott, Jr., PJ., Green, Pine and Hurlbutt, JJ.

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Appeal from an order of the Supreme Court, Jef[1037]*1037ferson County (Hugh A. Gilbert, J.), entered May 19, 2003 in a proceeding pursuant to RPTL article 7. The order granted respondents’ motion to strike the note of issue and denied petitioner’s cross motion for an order deeming petitioner’s income and expense statement served timely nunc pro tunc or, alternatively, granting a one-year extension to serve the note of issue.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the note of issue is reinstated, the cross motion is granted and the 1999 income and expense statement is deemed served timely nunc pro tunc.

Same memorandum as in Matter of Eastern Hous. Assoc. v City Assessor of City of Watertown (12 AD3d 1035 [2004]). Present—Pigott, Jr., PJ., Green, Pine and Hurlbutt, JJ.

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Bluebook (online)

12 A.D.3d 1036, 784 N.Y.S.2d 458, 2004 N.Y. App. Div. LEXIS 14067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/academy-housing-associates-v-city-assessor-nyappdiv-2004.

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