BOARD OF EDUCATION OF POUGHKEEPSIE CITY SCHOOL DISTRICT, ap, v. CITY OF POUGHKEEPSIE res

BOARD OF EDUCATION OF POUGHKEEPSIE CITY SCHOOL DISTRICT, ap, v. CITY OF POUGHKEEPSIE res — (INDEX NO. 5314/01)In an action, inter alia, for a judgment declaring that the defendant City of Poughkeepsie is required to pay school taxes on real property it acquired through tax deeds, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (DiBella, J.), dated March 7, 2012, which, upon an order of the same court (Wood, J.) dated August 23, 2011, as amended, denying, as academic, the plaintiff's motion for summary judgment on the first cause of action, which sought a judgment declaring that the defendant City of Poughkeepsie is required to pay school taxes on real property it acquired through tax deeds, and granting the defendants' cross motion for summary judgment, in effect, declaring that the defendant City of Poughkeepsie is not required to pay those school taxes and dismissing the second and third causes of action, is in favor of the defendants and against the plaintiff dismissing the complaint in its entirety.

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BOARD OF EDUCATION OF POUGHKEEPSIE CITY SCHOOL DISTRICT, ap, v. CITY OF POUGHKEEPSIE res — (INDEX NO. 5314/01)In an action, inter alia, for a judgment declaring that the defendant City of Poughkeepsie is required to pay school taxes on real property it acquired through tax deeds, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (DiBella, J.), dated March 7, 2012, which, upon an order of the same court (Wood, J.) dated August 23, 2011, as amended, denying, as academic, the plaintiff’s motion for summary judgment on the first cause of action, which sought a judgment declaring that the defendant City of Poughkeepsie is required to pay school taxes on real property it acquired through tax deeds, and granting the defendants’ cross motion for summary judgment, in effect, declaring that the defendant City of Poughkeepsie is not required to pay those school taxes and dismissing the second and third causes of action, is in favor of the defendants and against the plaintiff dismissing the complaint in its entirety.

ORDERED that the judgment is modified, on the law, by deleting the provision thereof dismissing the first cause of action, and substituting therefor a provision declaring that the defendant City of Poughkeepsie is not required to pay school taxes on real property it acquired through tax deeds; as so modified, the judgment is affirmed, with costs payable to the defendants.

BOARD OF EDUCATION OF POUGHKEEPSIE CITY SCHOOL DISTRICT, ap, v. CITY OF POUGHKEEPSIE res

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