Rotterdam Square v. Town of Rotterdam

OPINION OF THE COURT

Vito C. Caruso, J.

In these two CPLR article 78 proceedings, petitioner seeks: (1) to compel respondents to issue a tax refund for tax year 1998, (2) to hold them in contempt for failing to do so, and (3) to consolidate the two proceedings. Respondents oppose the article 78 relief and the contempt application and, in addition, respondent County of Schenectady and its named representatives (hereinafter collectively referred to as the County) cross-move to dismiss the contempt portion. Petitioner does not oppose the County’s motion and it is accordingly granted. No opposition…