Matter of Light Work Visual Studies, Inc. v City of Syracuse, (2011 NY Slip Op 08019)

Matter of Light Work Visual Studies, Inc. v City of Syracuse,

2011 NY Slip Op 08019 [89 AD3d 1449]

November 10, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 4th, 2012

In the Matter of Light Work Visual Studies, Inc., Respondent, v City of Syracuse et al., Appellants.

—[*1] Juanita Perez Williams, Corporation Counsel, Syracuse (Joseph Francis Bergh of counsel), for defendants-respondents-appellants.

Bond, Schoeneck & King, PLLC, Buffalo (Stephen A. Sharkey of counsel), for plaintiff-petitioner-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered December 17, 2010 in a proceeding pursuant to RPTL article 7 and CPLR article 78 and a declaratory judgment action. The order and judgment granted the application of plaintiff-petitioner, declared that the subject property is wholly exempt from taxation for the 2010/2011 tax year, directed defendants-respondents to strike the assessment of the subject property from the taxable roll, and directed defendants-respondents to refund plaintiff-petitioner for taxes paid.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 26, 2011,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Peradotto, J.P., Carni, Lindley, Sconiers and Green, JJ.