MATTER OF SALESIAN SOC'Y v. VILL. OF GOSHEN


218 A.D.2d 808 (1995)

631 N.Y.S.2d 175

In the Matter of Salesian Society, Appellant, v. Village of Goshen et al., Respondents

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

August 28, 1995


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Supreme Court, Orange County, for further proceedings consistent herewith.

The Supreme Court erred in holding that the instant proceeding pursuant to CPLR article 78 is barred by the Statute of Limitations. In this proceeding, in which it is alleged that the respondents unlawfully levied taxes on an exempt property (see...

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