PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-00031
DOCKET NO. CA 16-00184

IN THE MATTER OF EASTBROOKE CONDOMINIUM BY ITS BOARD OF MANAGERS ON BEHALF OF ALL HOMEOWNERS AND BRIGHTON EASTBROOKE HOMEOWNERS, PETITIONERS-APPELLANTS, V ELAINE AINSWORTH, ASSESSOR AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF BRIGHTON, RESPONDENTS-RESPONDENTS. FOR REVIEW OF A TAX ASSESSMENT UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW (PROCEEDING NO. 1.) IN THE MATTER OF EASTBROOKE CONDOMINIUM BY ITS BOARD OF MANAGERS ON BEHALF OF ALL UNIT OWNERS, PETITIONERS-RESPONDENTS, V TOWN OF BRIGHTON BOARD OF ASSESSMENT REVIEW, THE ASSESSOR OF THE TOWN OF BRIGHTON AND THE TOWN OF BRIGHTON, RESPONDENTS-APPELLANTS. FOR REVIEW OF A TAX ASSESSMENT UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW (PROCEEDING NO. 2.) IN THE MATTER OF EASTBROOKE CONDOMINIUM BY ITS BOARD OF MANAGERS ON BEHALF OF ALL UNIT OWNERS, PETITIONERS-RESPONDENTS, V TOWN OF BRIGHTON BOARD OF ASSESSMENT REVIEW, THE ASSESSOR OF THE TOWN OF BRIGHTON AND THE TOWN OF BRIGHTON, RESPONDENTS-APPELLANTS. FOR REVIEW OF A TAX ASSESSMENT UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW (PROCEEDING NO. 3.) (APPEAL NO.1.) IN THE MATTER OF EASTBROOKE CONDOMINIUM BY ITS BOARD OF MANAGERS ON BEHALF OF ALL HOMEOWNERS AND BRIGHTON EASTBROOKE HOMEOWNERS, PETITIONERS-RESPONDENTS, V ELAINE AINSWORTH, ASSESSOR AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF BRIGHTON, RESPONDENTS-APPELLANTS. FOR REVIEW OF A TAX ASSESSMENT UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW (PROCEEDING NO. 1.) IN THE MATTER OF EASTBROOKE CONDOMINIUM BY ITS BOARD OF MANAGERS ON BEHALF OF ALL UNIT OWNERS, PETITIONERS-RESPONDENTS, V TOWN OF BRIGHTON BOARD OF ASSESSMENT REVIEW, THE ASSESSOR OF THE TOWN OF BRIGHTON AND THE TOWN OF BRIGHTON, RESPONDENTS-APPELLANTS. FOR REVIEW OF A TAX ASSESSMENT UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW (PROCEEDING NO. 2.) IN THE MATTER OF EASTBROOKE CONDOMINIUM BY ITS BOARD OF MANAGERS ON BEHALF OF ALL UNIT OWNERS, PETITIONERS-RESPONDENTS, V TOWN OF BRIGHTON BOARD OF ASSESSMENT REVIEW, THE ASSESSOR OF THE TOWN OF BRIGHTON AND THE TOWN OF BRIGHTON, RESPONDENTS-APPELLANTS. FOR REVIEW OF A TAX ASSESSMENT UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW (PROCEEDING NO. 3.) (APPEAL NO. 2.)

Respondents Elaine Ainsworth, Assessor, The Board of Assessment Review of the Town of Brighton and the Town of Brighton having moved to consolidate the appeals taken herein from an order and judgment and an amended order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 27, 2015 (appeal No. 1), and November 18, 2015 (appeal No. 2), and petitioners having cross-moved to dismiss appeal No. 2 or, in the alternative, to limit the scope of the appeal, and for the parties to share the costs of the record on the appeals, and for an extension of time to perfect appeal No. 1,

Now, upon reading and filing the affirmation of Thomas A. Fink, Esq., dated January 22, 2016, the affirmation of Robert L. Jacobson, Esq., dated February 4, 2016, the notices of motion and cross motion with proof of service thereof, and the affirmation of William A. Santmyer, Esq., dated February 5, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that respondents Elaine Ainsworth, Assessor, The Board of Assessment Review of the Town of Brighton and the Town of Brighton's motion is granted, and the appeals from the order and judgment and a amended order entered March 27, 2015, and November 18, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that petitioners' cross motion insofar as it seeks to dismiss appeal No. 2 or, in the alternative, to limit the scope of the appeal is denied without prejudice to petitioners' raising such arguments in their briefs filed on the appeal, and

It is further ORDERED that petitioners' cross motion insofar as it seeks the parties share in the costs of the record on the appeals is denied, and

It is further ORDERED that petitioners' cross motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered January 11, 2016, is hereby amended by deleting the date March 28, 2016, and inserting in its place the date May 27, 2016.

Entered: March 3, 2016

Frances E. Cafarell, Clerk