Opinion
Motion No: 2010-06508 Index No. 6690/10 M123543
08-02-2011
In the Matter of Donald Rozz, appellant, v. Nassau County Department of Assessment, et al., respondents.
, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered June 21, 2010, inter alia, in effect, to strike the brief filed by Nassau County Department of Assessment on the ground that it is not a proper party to the appeal, or to enlarge the time to serve and file a reply brief. Application by Receiver of Taxes Town of Hempstead pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike the brief of Nassau County Department of Assessment is granted and that brief is stricken; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is denied, as the applicant is not a proper party to the appeal.
BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court