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MATTER OF A. OTTAVINO PROP. CORP. v. INCORPORATED VIL. OF WESTBURY

2019-10823. Index No. 3886/17.

203 A.D.3d 920 (2022)

161 N.Y.S.3d 812

2022 NY Slip Op 01786

In the Matter of A. Ottavino Property Corp., Appellant, v. Incorporated Village of Westbury et al., Respondents.

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

Decided March 16, 2022.

Attorney(s) appearing for the Case

Leavitt Kerson & Sehati, Forest Hills, NY (Paul E. Kerson of counsel), for appellant.

Sahn Ward Coschignano PLLC, Uniondale, NY (Andrew M. Roth of counsel), for respondents Incorporated Village of Westbury and Tadeus Blach.

Robert Bichoupan, P.C., Great Neck, NY (Carolyn Bichoupan of counsel), for respondents BR Madison, LLC, and Nassau Property Investors, LLC.

Brathwaite Nelson, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the order and judgment is affirmed insofar as appealed from, with one bill of costs.

The petitioner/plaintiff (hereinafter the petitioner) commenced this hybrid proceeding pursuant to CPLR article 78 and action for declaratory relief, challenging the issuance of a tax deed. In an order and judgment dated August 15, 2019, the Supreme Court, inter alia, granted that branch of the motion of the respondents/defendants (hereinafter the respondents) which was...

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