MATTER OF FETZER v. TOWN BOARD OF TOWN OF AURORA


289 A.D.2d 996 (2001)

734 N.Y.S.2d 915

In the Matter of TODD J. FETZER et al., Petitioners-Plaintiffs, and TIMOTHY R. RAY et al., Appellants-Respondents, v. TOWN BOARD OF TOWN OF AURORA et al., Respondents-Appellants.

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

Decided December 21, 2001.


Cross appeal unanimously dismissed and judgment affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of respondents/ defendants seeking summary judgment dismissing the petition/ complaint in this combined CPLR article 78 proceeding and declaratory judgment action brought to contest the determination of respondent/defendant assessor granting a tax exemption to respondent/defendant Presbyterian Homes of Western New York, Inc. (Homes...

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