Henke v. City of Newburgh

Appellate Division of the Supreme Court of New York

Henke v. City of Newburgh

73 A.D.3d 925, 899 N.Y.S.2d 870

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

DecidedMay 11, 2010

StatusPublished

This text of 73 A.D.3d 925 (Henke v. City of Newburgh) 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

Henke v. City of Newburgh, 73 A.D.3d 925, 899 N.Y.S.2d 870 (N.Y. Ct. App. 2010).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a certain tax assessment, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Orange County (McGuirk, J.), dated February 25, 2009, which, upon granting the respondent’s motion to dismiss the petition, in effect, dismissed the proceeding.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the respondent’s motion to dismiss the petition. The petitioner does not have standing to challenge the constitutionality of the tax assessment on, and ultimate foreclosure of, real property owned by the First Church of Christ, Scientist, of Newburgh, New York, as he was not the record owner of the property subject to the tax assessment and failed to demonstrate that he suffered a cognizable injury as a result of any actions by the respondent (see Temple Bnai Shalom of Great Neck v Village of Great Neck Estates, 32 AD3d 391, 391-392 [2006]; Matter of Galvani v Nassau County Police Indem. Review Bd., 242 AD2d 64, 65-67 [1998]; see also Society of Plastics Indus, v County of Suffolk, 77 NY2d 761, 774 [1991]).

The petitioner’s remaining contentions are without merit. Prudenti, P.J., Fisher, Roman and Sgroi, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review a certain tax assessment, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Orange County (McGuirk, J.), dated February 25, 2009, which, upon granting the respondent’s motion to dismiss the petition, in effect, dismissed the proceeding.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the respondent’s motion to dismiss the petition. The petitioner does not have standing to challenge the constitutionality of the tax assessment on, and ultimate foreclosure of, real property owned by the First Church of Christ, Scientist, of Newburgh, New York, as he was not the record owner of the property subject to the tax assessment and failed to demonstrate that he suffered a cognizable injury as a result of any actions by the respondent (see Temple Bnai Shalom of Great Neck v Village of Great Neck Estates, 32 AD3d 391, 391-392 [2006]; Matter of Galvani v Nassau County Police Indem. Review Bd., 242 AD2d 64, 65-67 [1998]; see also Society of Plastics Indus, v County of Suffolk, 77 NY2d 761, 774 [1991]).

The petitioner’s remaining contentions are without merit. Prudenti, P.J., Fisher, Roman and Sgroi, JJ., concur.

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Bluebook (online)

73 A.D.3d 925, 899 N.Y.S.2d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henke-v-city-of-newburgh-nyappdiv-2010.

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