Opinion
No. 151.
Decided October 27, 2009.
APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered May 13, 2008. The Appellate Division modified, on the facts, a judgment of the Supreme Court, Nassau County (Antonio I. Brandveen, J.), entered in a proceeding pursuant to CPLR article 78, which had denied that branch of the petition which was to compel the Treasurer of the County of Nassau to accept tender of a real property tax payment pursuant to tax sale certificate No. 1484/2005, and credit it to tax liens already held by petitioner, granted that branch of his petition which was to compel the Treasurer, upon acceptance of his tender of a real property tax payment pursuant to tax sale certificate No. 2021/2005, to credit the payment to tax liens already held by him only to the extent of crediting the sum of $4,779.61, and granted that branch of his petition which was to compel the Treasurer, upon acceptance of his tender of a real property tax payment pursuant to tax sale certificate No. 2306/2005, to credit the payment to tax liens already held by him only to the extent of crediting the sum of $7,995.33. The modification consisted of deleting the provisions thereof granting those branches of the petition which were to compel the Treasurer to credit, to tax liens already held by the petitioner, the real property taxes he paid pursuant to tax sale certificate No. 2021/2005 in the amount of only $4,779.61 and pursuant to tax sale certificate No. 2306/2005 in the amount of only $7,995.33, and substituting therefor provisions granting those branches of the petition to the extent of compelling the Treasurer to credit, to the tax liens already held by petitioner, the real property taxes he paid pursuant to tax sale certificate No. 2021/2005 in the amount of $15,776.28 and pursuant to tax sale certificate No. 2306/2005 in the amount of $34,401.82. The Appellate Division affirmed the judgment as modified.
Matter of Gillen v Conkling, 51 AD3d 791, appeal dismissed.
Kenneth Cooperstein, Centerport, for appellant.
Lorna B. Goodman, County Attorney, Mineola ( Gil Nahmias and Dennis J. Saffran of counsel), for respondent.
Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
Appeal dismissed, without costs, upon the ground that the issues presented have become moot.