Matter of Boening v Nassau County Department of Assessment
Motion No: 2018-09664
Slip Opinion No: 2019 NY Slip Op 71352(U)
Decided on May 29, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M263002

E/mm

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2018-09664

In the Matter of Donald Boening, et al., respondents,

v Nassau County Department of Assessment, et al.,

appellants.

(Action No. 1)

In the Matter of Donald Boening, et al., respondents,

v Nassau County Department of Assessment, et al.,

appellants.

(Action No. 2)

In the Matter of Great American Realty of 2713, LLC

et al., respondents, v Edward P. Mangano, etc., et al.,

respondents.

(Action No. 3)

In the Matter of Atlantic Beach Club, Inc., et al.,

respondents, v Nassau County Department of Assess

et al., appellants.

(Action No. 4)

In the Matter of 80 Seaview Boulevard, LLC, et al.,

respondents, v Nassau County Department of Assess

et al., appellants.

(Action No. 5)

In the Matter of Beechwood POB, LLC, et al., respon

v James E. Davis, etc., et al., appellants.

(Action No. 6)

In the Matter of Woodbury Realty Holdings Corp.,

et al., respondents, v Edward P. Mangano, etc., et al.,

respondents.

(Action No. 7)

In the Matter of Sea Cove Equities, LLC, et al., respo

v James E. Davis, etc., et al., appellants.

(Action No. 8)

In the Matter of Kir Munsey Park 020, LLC, et al.,

respondents, v Nassau County Department of Assess

et al., appellants.

(Action No. 9)

In the Matter of Coma Realty Corp., et al., responden

v James E. Davis, etc., et al., appellants.

(Action No. 10)

In the Matter of Narine Ramlogan, et al., respondents

v James E. Davis, etc., et al., appellants.

(Action No. 11)

In the Matter of Garden City Country Club, Inc., et al

respondents, v James E. Davis, etc., et al., appellants.

(Action No. 12)

(Index Nos. 1818/14, 10811/15, 600882/17, 623/17,

668/17, 318/17, 445/17, 303/17, 221/17, 684/17, 203

DECISION & ORDER ON MOTION











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661/17,
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Motion by the respondents Garden City Country Club, Inc., and Ocean Club of Forest Hills, Inc., inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, entered June 7, 2018, insofar as taken against them, and for an award of costs, or, in the alternative, to extend the time to serve and file a brief. Separate motion by the respondents Woodbury Realty Holdings Corp., Jelk Realty Company, Great J. Realty Corp., JMDH Real Estate of Garden City, and SR Garden City, LLC, to dismiss the appeal insofar as taken against them or, in the alternative, to extend the time to serve and file a brief. Separate applications by the respondents in Action Nos. 1, 2, 5, 6, 8, 9, and 11 pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file their respective briefs.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeal insofar as asserted against the movants are granted and the appeal is dismissed, insofar as asserted against Garden City Country Club, Inc., Ocean Club of Forest Hills, Inc., Woodbury Realty Holdings Corp., Jelk Realty Company, Great J. Realty Corp., JMDH Real Estate of Garden City, and SR Garden City, LLC, without costs or disbursements; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that the applications are granted, the time of the respondents in Action Nos. 1, 2, 5, 6, 8, 9, and 11 to serve and file their respective briefs is extended until June 26, 2019, and the briefs of those respondents shall be served and filed on or before that date.

CHAMBERS, J.P., ROMAN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court