SHOPPINGTOWN MALL, LLC v. ASSESSOR, TOWN OF DEWITT

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 807 CA 14-01765 PRESENT: SMITH, J.P., PERADOTTO, VALENTINO, AND WHALEN, JJ. IN THE MATTER OF THE APPLICATION UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW BY SHOPPINGTOWN MALL, LLC (LBUBS), PETITIONER-RESPONDENT, V ORDER ASSESSOR, BOARD OF ASSESSORS AND BOARD OF ASSESSMENT REVIEW OF TOWN OF DEWITT, TOWN OF DEWITT, RESPONDENTS-RESPONDENTS, AND JAMESVILLE DEWITT CENTRAL SCHOOL DISTRICT, INTERVENOR-RESPONDENT. ----------------------------------------- SHOPPINGTOWN MALL NY, LLC, PROPOSED INTERVENOR-APPELLANT. CRONIN, CRONIN, HARRIS & O’BRIEN, P.C., UNIONDALE (RICHARD CRONIN OF COUNSEL), FOR PROPOSED INTERVENOR-APPELLANT. COOPER ERVING & SAVAGE LLP, ALBANY (DAVID C. ROWLEY OF COUNSEL), FOR PETITIONER-RESPONDENT. CERIO LAW OFFICES, SYRACUSE (DAVID W. HERKALA OF COUNSEL), FOR RESPONDENTS-RESPONDENTS. BOND, SCHOENECK & KING, LLP, SYRACUSE (KATHLEEN M. BENNETT OF COUNSEL), FOR INTERVENOR-RESPONDENT. Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered July 10, 2014 in a proceeding pursuant to RPTL article 7. The order denied the motion of Shoppingtown Mall NY, LLC to intervene. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Entered: June 12, 2015 Frances E. Cafarell Clerk of the Court