Matter of Garth v Benet
2010 NY Slip Op 08252 [78 AD3d 1579]
November 12, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


In the Matter of Leonid G. Garth, Appellant, v Lisa Benet, Assessor, Richmond Board of Assessment Review, et al., Respondents.

—[*1] Sean T. Hanna, Webster, for petitioner-appellant.

Jones & Morris, Victor (Matthew A. Motiwala of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Ontario County (William F. Kocher, A.J.), entered June 12, 2009 in a proceeding pursuant to RPTL article 7. The order, insofar as appealed from, denied the motion of petitioner for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Peradotto, Carni, Sconiers and Gorski, JJ.