Matter of Markham v Comstock
2007 NY Slip Op 02246 [38 AD3d 1264]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


In the Matter of Jerry W. Markham et al., Appellants, v Alan B. Comstock, as Assessor of Town of Jerusalem, et al., Respondents. (Appeal No. 2.)

—[*1] Jerry W. Markham, petitioner-appellant pro se, and for Marcia Markham, petitioner-appellant.

Underberg & Kessler LLP, Rochester (James V. D'Anza of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Yates County (W. Patrick Falvey, A.J.), entered September 12, 2006. The order denied the motion of petitioners to reopen the record.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Matter of Markham v Comstock (38 AD3d 1262 [2007]). Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Green, JJ.