Opinion
2002-04008
Argued March 20, 2003.
April 7, 2003.
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Assessment Review of the Incorporated Village of Old Westbury, dated December 10, 2001, which denied the petitioner's application for a real property tax exemption on certain property for the 2002-2003 tax year, the Board of Assessors and the Board of Assessment Review of the Incorporated Village of Old Westbury appeal from a judgment of the Supreme Court, Nassau County (Phelan, J.), entered April 9, 2002, which denied the petition without prejudice to renewal.
Farrell Fritz, P.C., Uniondale, N.Y. (John M. Armentano and Elaine R. Sammon of counsel), for appellants.
Spellman Walsh Rice Schure Markus, LLP, Garden City, N.Y. (Kevin P. McDonough of counsel), for respondent (no brief filed).
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements, as the appellants are not aggrieved by the judgment appealed from (see CPLR 5511; Matter of R.C. Diocese of Rockville Centre v. Board of Assessors of Inc. Vill of Old Westbury, 303 A.D.2d 515 [2d Dept, Mar. 10, 2003]; Matter of Residents for the Future of Briarcliff Manor v. Village of Briarcliff Bd. of Trustees, 239 A.D.2d 350, 352).
FLORIO, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.