STEVEN L. GREENBERG, ap, v. TOWN OF SCARSDALE res

MATTER OF STEVEN L. GREENBERG, ap, v. TOWN OF SCARSDALE res — (MATTER NOS. 4 AND 5) (INDEX NOS. 23003/08, 11854/09, 22506/09, 30011/09, 25721/10)In a hybrid action, inter alia, to recover damages for violation of constitutional rights pursuant to 42 USC §1983 and proceeding, inter alia, pursuant to CPLR article 78 to compel the approval of certain real property tax refund applications made by the plaintiff/petitioner (Matter No. 2), a related proceeding, among other things, pursuant to Real Property Tax Law article 7 to review certain real property tax assessments (Matter No. 4), and other related proceedings, Steven L. Greenberg, the plaintiff/ petitioner in Matter No. 2 and the petitioner in Matter No. 4, appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Westchester County (LaCava, J.), entered July 25, 2012, which, inter alia, sua sponte, directed the dismissal, for lack of ripeness, of the complaint/petition in Matter No. 2 and so much of the petition in Matter No. 4 as alleged causes of action pursuant to CPLR article 78 relating to certain tax refund applications, in effect, denied, as academic, the defendants/respondents' motions to dismiss the complaint/petition in Matter No. 2, and, in effect, granted those branches of the respondents' motion which were to dismiss, as time-barred, so much of the petition in Matter No. 4 as asserted causes of action pursuant to RPTL article 7 related to tax years prior to 2009 and to dismiss the remainder of that petition on the ground of improper joinder of claims.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MATTER OF STEVEN L. GREENBERG, ap, v. TOWN OF SCARSDALE res — (MATTER NOS. 4 AND 5) (INDEX NOS. 23003/08, 11854/09, 22506/09, 30011/09, 25721/10)In a hybrid action, inter alia, to recover damages for violation of constitutional rights pursuant to 42 USC §1983 and proceeding, inter alia, pursuant to CPLR article 78 to compel the approval of certain real property tax refund applications made by the plaintiff/petitioner (Matter No. 2), a related proceeding, among other things, pursuant to Real Property Tax Law article 7 to review certain real property tax assessments (Matter No. 4), and other related proceedings, Steven L. Greenberg, the plaintiff/ petitioner in Matter No. 2 and the petitioner in Matter No. 4, appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Westchester County (LaCava, J.), entered July 25, 2012, which, inter alia, sua sponte, directed the dismissal, for lack of ripeness, of the complaint/petition in Matter No. 2 and so much of the petition in Matter No. 4 as alleged causes of action pursuant to CPLR article 78 relating to certain tax refund applications, in effect, denied, as academic, the defendants/respondents’ motions to dismiss the complaint/petition in Matter No. 2, and, in effect, granted those branches of the respondents’ motion which were to dismiss, as time-barred, so much of the petition in Matter No. 4 as asserted causes of action pursuant to RPTL article 7 related to tax years prior to 2009 and to dismiss the remainder of that petition on the ground of improper joinder of claims.

ORDERED that the appeal from so much of the order as, sua sponte, directed the dismissal of the complaint/ petition in Matter No. 2 and so much of the petition in Matter No. 4 as alleged causes of action pursuant to CPLR article 78 related to certain tax refund applications is deemed to be an application for leave to appeal from those portions of the order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

STEVEN L. GREENBERG, ap, v. TOWN OF SCARSDALE res

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal