Content v. Assessor of the Town of Brookhaven

Appellate Division of the Supreme Court of New York

Content v. Assessor of the Town of Brookhaven

309 A.D.2d 933, 766 N.Y.S.2d 372

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

DecidedOctober 27, 2003

StatusPublished

This text of 309 A.D.2d 933 (Content v. Assessor of the Town of Brookhaven) 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.

Bluebook

Content v. Assessor of the Town of Brookhaven, 309 A.D.2d 933, 766 N.Y.S.2d 372 (N.Y. Ct. App. 2003).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to compel the removal of a lien, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Cohalan, J.), dated August 14, 2002, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly denied the petition and dismissed the proceeding. The petitioner’s alleged injury stemming from the allegedly erroneous imposition of an environmental cleanup lien on a parcel on which he claims to hold the first mortgage is merely a speculative possibility subject to a [934]*934number of contingencies (cf. Matter of Suburbia Fed. Sav. & Loan Assn. v Mayor of Inc. Vil. of Lynbrook, 76 AD2d 841 [1980]; Matter of Mack v Assessor of Town of Ramapo, 72 AD2d 604, 605 [1979]).

In view of the foregoing, we do not reach the parties’ remaining contentions. Smith, J.P., Crane, Mastro and Rivera, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel the removal of a lien, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Cohalan, J.), dated August 14, 2002, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly denied the petition and dismissed the proceeding. The petitioner’s alleged injury stemming from the allegedly erroneous imposition of an environmental cleanup lien on a parcel on which he claims to hold the first mortgage is merely a speculative possibility subject to a [934]*934number of contingencies (cf. Matter of Suburbia Fed. Sav. & Loan Assn. v Mayor of Inc. Vil. of Lynbrook, 76 AD2d 841 [1980]; Matter of Mack v Assessor of Town of Ramapo, 72 AD2d 604, 605 [1979]).

In view of the foregoing, we do not reach the parties’ remaining contentions. Smith, J.P., Crane, Mastro and Rivera, JJ., concur.

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Bluebook (online)

309 A.D.2d 933, 766 N.Y.S.2d 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/content-v-assessor-of-the-town-of-brookhaven-nyappdiv-2003.

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