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MOSHE v. TOWN OF RAMAPO

2008-00577

2008 NY Slip Op 07238

ZICHRON MOSHE, appellant, v. TOWN OF RAMAPO, ET AL., respondents.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Scheinert & Kobb, LLC, Nanuet, N.Y. (Joel L. Scheinert of counsel), for appellant.

Michael L. Klein, Town Attorney, Suffern, N.Y. (Janice Gittelman of counsel), for respondents.

Before: Reinaldo E. Rivera, J.P., Howard Miller, Daniel D. Angiolillo, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff commenced this tax certiorari proceeding, improperly commenced as an action for a judgment declaring that certain real property it owned was entitled to a total tax exemption for the tax year 2004. In July 2006 the plaintiff executed a stipulation of discontinuance, with prejudice, with respect to this matter, thus acceding to the determination of the Assessor of the Town...

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