Matter of Atkin v Board of Assessors of Town of Greece
2008 NY Slip Op 03755 [50 AD3d 1496]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


In the Matter of Louis Atkin, Respondent, v Board of Assessors of Town of Greece et al., Appellants. (Appeal No. 1.)

—[*1] Gates & Adams, P.C., Rochester (Douglas S. Gates of counsel), for respondents-appellants.

Harris Beach PLLC, Pittsford (A. Vincent Buzard of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered August 31, 2006 in a proceeding pursuant to RPTL article 7. The order, among other things, denied respondents' motions to strike and preclude certain evidence and dismiss the petitions.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Martoche, J.P., Smith, Peradotto, Pine and Gorski, JJ.