MATTER OF AVR-MASSAPEQUA, LLC v. JEFFERSON

2012-07401, Index No. 1606/12.

116 A.D.3d 851 (2014)

983 N.Y.S.2d 448

2014 NY Slip Op 2578

In the Matter of AVR-MASSAPEQUA, LLC, Respondent, v. BEAUMONT JEFFERSON, Acting Treasurer of the County of Nassau, et al., Appellants. (And Another Title.)

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

Decided April 16, 2014.


Ordered that the judgment is affirmed, with costs.

Contrary to the appellants' contention, the Supreme Court did not err in granting the petition and entering the subject judgment in favor of the petitioner. It is undisputed that the petitioner is entitled to a refund pursuant to an order and judgment (one paper) entered in an underlying consolidated tax certiorari proceeding. Under the circumstances presented here, the...

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