Appellate Division: Second Judicial Department

M230418

E/ct

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-09205 In the Matter of Le Golgotha Lodge, Inc., respondent, v Tax Commission of the City of New York, et al., appellants. (Index No. 10422/15)

DECISION & ORDER ON MOTION

Appeal by Tax Commission of the City of New York and Tax Commissioner of Finance of the City of New York and separate appeal by NYCTL 1998-2 Trust and Bank of New York Mellon, from an order of the Supreme Court, Kings County, dated July 26, 2016. By order to show cause dated February 3, 2017, the parties were directed to show cause before this Court, why an order should or should not be made and entered dismissing the appeals on the ground that the order dated July 26, 2016, was not appealable as of right and leave to appeal had not been granted. Motion by Tax Commission of City of the New York and Tax Commissioner of Finance of the City of New York for leave to appeal to this Court from the order dated July 26, 2016.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by Tax Commission of the City of New York and Tax Commissioner of Finance of the City of New York and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements (see CPLR 5701[b][1]); and it is further,

ORDERED that the motion by Tax Commission of the City of New York and Tax Commissioner of Finance of the City of New York is denied.

ENG, P.J., AUSTIN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court