Adamag Realty Corp. v. Diamante

In a proceeding pursuant to CPLR article 78, the appeal, as limited by the appellants’ brief, is from so much of a judgment of the Supreme Court, Suffolk County (Werner, J.), dated July 22, 1997, as upon, in effect, denying their motion to dismiss the petition, granted the petition to the extent of permitting the petitioner to file a real property tax assessment complaint nunc pro tunc.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court properly granted the petitioner permission to file a real property tax…