| Matter of Town of Rye v New York State Board of Real Prop |
| Motion No: 2006-08109 |
| Slip Opinion No: 2007 NYSlipOp 63497(U) |
| Decided on February 20, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M51000
E/sl
WILLIAM F. MASTRO, J.P.
GABRIEL M. KRAUSMAN
ANITA R. FLORIO
RUTH C. BALKIN, JJ.
|
2006-08109 In the Matter of Town of Rye, et al., petitioners, v New York State Board of Real Property Services, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the respondent New York State Board of Real Property Services, inter alia, to dismiss a proceeding pursuant to CPLR article 78 and RPTL 1218 on the ground that the petitioners lack the capacity to challenge the determination of the respondent New York State Board of Real Property Services, and separate motion by the respondent City of Rye to dismiss the proceeding on the same ground.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion of the respondent New York State Board of Real Property Services to dismiss the proceeding and the motion of the respondent City of Rye are granted, and the proceeding is dismissed, without costs or disbursements (see Matter of Town of Riverhead v New York State Bd. of Real Prop. Servs., 5 NY3d 36); and it is further,
ORDERED that the motion of the respondent New York State Board of Real Property Services is otherwise denied as academic.
MASTRO, J.P., KRAUSMAN, FLORIO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court