Saxton v. Hose

This is a motion by respondent for judgment on the pleadings in 'a proceeding brought under article 78 of the Civil Practice Act. No objection is raised by the petitioners to this procedure even though it may not comply strictly with the provisions of section 1293 of the Civil Practice Act.

The petition seeks an order directing the County Treasurer to cancel certain tax sales after request duly made by petitioners pursuant to the provisions of section 40-c of the Suffolk *393County Tax Act (L. 1941, ch. 99, amdg. L. 1920, ch. 311) which provides insofar as is applicable here: “ § 40-c.…