MATTER OF JACOBS v. BD. OF ASSESSORS OF THE TOWN OF ELMA


73 A.D.2d 810 (1979)

In the Matter of Jeremy M. Jacobs et al., Respondents, v. Board of Assessors of the Town of Elma et al., Appellants. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 14, 1979


Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: The first paragraph of the order properly denied the motion to delete from the judgment the award of an additional allowance. The next two ordering paragraphs of the order inconsistently granted an additional allowance in the same amount under CPLR 8303 (subd [a], par 2) but only in lieu of the allowance granted in the judgment. This being a tax assessment review...

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