LIGHT WORK VISUAL STUDIES, INC. v. CITY OF SYRACUSE

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1162 CA 11-00642 PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, SCONIERS, AND GREEN, JJ. IN THE MATTER OF LIGHT WORK VISUAL STUDIES, INC., PLAINTIFF-PETITIONER-RESPONDENT, V ORDER CITY OF SYRACUSE, BOARD OF ASSESSMENT REVIEW FOR CITY OF SYRACUSE, JOHN C. GAMAGE, AS COMMISSIONER OF ASSESSMENT FOR CITY OF SYRACUSE, SYRACUSE CITY SCHOOL DISTRICT AND COUNTY OF ONONDAGA, DEFENDANTS-RESPONDENTS-APPELLANTS. JUANITA PEREZ WILLIAMS, CORPORATION COUNSEL, SYRACUSE (JOSEPH FRANCIS BERGH OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS. BOND, SCHOENECK & KING, PLLC, BUFFALO (STEPHEN A. SHARKEY OF COUNSEL), FOR PLAINTIFF-PETITIONER-RESPONDENT. Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered December 17, 2010 in a proceeding pursuant to RPTL article 7 and CPLR article 78 and a declaratory judgment action. The order and judgment granted the application of plaintiff-petitioner, declared that the subject property is wholly exempt from taxation for the 2010/2011 tax year, directed defendants-respondents to strike the assessment of the subject property from the taxable roll, and directed defendants- respondents to refund plaintiff-petitioner for taxes paid. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 26, 2011, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: November 10, 2011 Patricia L. Morgan Clerk of the Court