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MATTER OF VIAHEALTH OF WAYNE v. VANPATTEN

CA 11-01152.

2011 NY Slip Op 09753

IN THE MATTER OF VIAHEALTH OF WAYNE, PETITIONER-RESPONDENT, v. DAWN VANPATTEN, ASSESSOR FOR TOWN OF SODUS, AND TOWN OF SODUS, RESPONDENTS-APPELLANTS.

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

Decided December 30, 2011.

Attorney(s) appearing for the Case

ANTHONY J. VILLANI, P.C., LYONS ( ANTHONY J. VILLANI OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

HISCOCK & BARCLAY, LLP, ROCHESTER ( JAMES S. GROSSMAN OF COUNSEL), FOR PETITIONER-RESPONDENT.

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by dismissing the petitions insofar as they seek relief pursuant to CPLR article 78 and denying those parts of petitioner's motion for summary judgment determining that petitioner is entitled to tax-exempt status for the portions of its property leased by Finger Lakes Migrant Health Care Project, Inc., Wayne County Rural Health Network and Rushville Health Center and as modified the order...

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