Niagara Mohawk Power Corp. v. Assessor

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (John A. Michalek, J.), entered January 18, 2013 in CPLR article 78 proceedings and declaratory judgment actions. The judgment, among other things, denied petitioner-plaintiffs motion for summary judgment.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the provision dismissing the petitions-complaints and granting judgment in favor of respondents-defendants as follows:

It is adjudged and declared that the imposition of ad valorem levies for sewer…