M. FORTUNOFF OF WESTBURY CORP. v. TOWN OF HEMPSTEAD


309 A.D.2d 906 (2003)

767 N.Y.S.2d 35

M. FORTUNOFF OF WESTBURY CORP. et al., Appellants, v. TOWN OF HEMPSTEAD et al., Respondents. (Action No. 1.) KMART CORPORATION, Appellant, v. TOWN OF HEMPSTEAD et al., Respondents. (Action No. 2.) HMCC ASSOCIATES et al., Appellants, v. TOWN OF HEMPSTEAD et al., Respondents. (Action No. 3.) SHELVIN PLAZA ASSOCIATES, Appellant, v. TOWN OF HEMPSTEAD et al., Respondents. (Action No. 4.) J.C. PENNEY COMPANY, INC., Appellant, v. TOWN OF HEMPSTEAD et al., Respondents. (Action No. 5.) OLD COUNTRY REALTY CORP. et al., Appellants, v. TOWN OF HEMPSTEAD et al., Respondents. (Action No. 6.) WILBER F. BRESLIN et al., Appellants, v. TOWN OF HEMPSTEAD et al., Respondents, et al., Defendants. (Action No. 7.)

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

Decided October 27, 2003.


Ordered that the order in Action No. 7 is affirmed insofar as appealed from; and it is further,

Ordered that the remaining orders are affirmed; and it is further,

Ordered that the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the challenged ad valorem tax assessments are valid; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate...

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