Osetek v. Smith

Appellate Division of the Supreme Court of New York

Osetek v. Smith

61 A.D.2d 1050, 403 N.Y.S.2d 709, 1978 N.Y. App. Div. LEXIS 10722

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

DecidedMarch 27, 1978

StatusPublished

This text of 61 A.D.2d 1050 (Osetek v. Smith) 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

Osetek v. Smith, 61 A.D.2d 1050, 403 N.Y.S.2d 709, 1978 N.Y. App. Div. LEXIS 10722 (N.Y. Ct. App. 1978).

Pincite

Opinion

In a proceeding to review a tax assessment on real property, the appeal is from an order of the Supreme Court, Orange County, dated June 8, 1976, which denied appellant’s motion (1) for summary judgment and (2) to stay the trial until it completes its audit. Order modified by deleting therefrom the provision denying the branch of the motion which sought to stay the trial and substituting therefor a provision granting the said branch of the motion. As so modified, order affirmed, without costs or disbursements. The stay shall be effective for a period of 60 days from the date of the order to be made hereon. Under the particular circumstances of this case, the appellant should be given the opportunity to perform an audit of the petitioner’s books and records (cf. 22 NYCRR 678.3 [b]). Titone, J. P., Rabin, Gulotta and Margett, JJ., concur.

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In a proceeding to review a tax assessment on real property, the appeal is from an order of the Supreme Court, Orange County, dated June 8, 1976, which denied appellant’s motion (1) for summary judgment and (2) to stay the trial until it completes its audit. Order modified by deleting therefrom the provision denying the branch of the motion which sought to stay the trial and substituting therefor a provision granting the said branch of the motion. As so modified, order affirmed, without costs or disbursements. The stay shall be effective for a period of 60 days from the date of the order to be made hereon. Under the particular circumstances of this case, the appellant should be given the opportunity to perform an audit of the petitioner’s books and records (cf. 22 NYCRR 678.3 [b]). Titone, J. P., Rabin, Gulotta and Margett, JJ., concur.

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Bluebook (online)

61 A.D.2d 1050, 403 N.Y.S.2d 709, 1978 N.Y. App. Div. LEXIS 10722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osetek-v-smith-nyappdiv-1978.