LONGWOOD ASSOC. v. BD OF ASSESS.


88 Misc.2d 35 (1976)

In the Matter of Longwood Associates, Petitioner, v. Board of Assessors et al., Respondents. In the Matter of Longwood Associates, Petitioner, v. Board of Assessors et al., Respondents.

Supreme Court, Special Term, Nassau County.

October 15, 1976


Attorney(s) appearing for the Case

Koeppel Sommer Lesnick & Martone, P.C., for Morton Haves, receiver. James M. Catterson, Jr., County Attorney (Leon Friedman of counsel), for County of Nassau, respondent. Robert M. Leff for Village of Massapequa Park, respondent. Hyman & Hyman, P.C., for petitioner.


THOMAS P. FARLEY J.

May a stipulation of discontinuance of a tax certiorari proceeding commenced by the owner of real property be vacated at the instance of a receiver appointed in a subsequently initiated mortgage foreclosure action? The question poses a problem that apparently was never directly considered by the courts of the State of New York and arises from an application by a receiver made in the tax certiorari...

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