Augustine v. Erie County Industrial Development Agency

Appellate Division of the Supreme Court of New York

Augustine v. Erie County Industrial Development Agency

247 A.D.2d 827, 668 N.Y.S.2d 516, 1998 N.Y. App. Div. LEXIS 1120

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 1998·Published

Opinion

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of respondent’s cross motion seeking to dismiss the petition brought by the school district petitioners. In light of the court’s determination that this CPLR article 78 proceeding is premature because respondent has not rendered a final determination on the reconveyance issue, with which we agree, the court lacks jurisdiction over the matter (see, CPLR 7801 [1]; Matter of Lapiana v Gliedman, 108 AD2d 857, 858). Hence, the court erred in retaining jurisdiction over the proceeding and directing respondent to hear and determine the application of the school district petitioners. (Appeal from Order of Supreme Court, Erie County, Mahoney, J. — CPLR art 78.)

Present— Pine, J. P., Hayes, Callahan and Fallon, JJ.

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Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of respondent’s cross motion seeking to dismiss the petition brought by the school district petitioners. In light of the court’s determination that this CPLR article 78 proceeding is premature because respondent has not rendered a final determination on the reconveyance issue, with which we agree, the court lacks jurisdiction over the matter (see, CPLR 7801 [1]; Matter of Lapiana v Gliedman, 108 AD2d 857, 858). Hence, the court erred in retaining jurisdiction over the proceeding and directing respondent to hear and determine the application of the school district petitioners. (Appeal from Order of Supreme Court, Erie County, Mahoney, J. — CPLR art 78.)

Present— Pine, J. P., Hayes, Callahan and Fallon, JJ.

Augustine v. Erie County Industrial Development Agency, 247 A.D.2d 827, 668 N.Y.S.2d 516, 1998 N.Y. App. Div. LEXIS 1120 (N.Y. Ct. App. 1998).

Pincite

247 A.D.2d 827 (Augustine v. Erie County Industrial Development Agency) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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