IN THE MATTER OF GILLEN v. GIORDANO

Citation Codes

Equivalent Citations

citation codes

Docket Number

2001-02756, 2001-04854

Attorney(S)

Kenneth Cooperstein, Centerport, N.Y., for appellant in both Matters. Mielo, Casolaro Stasko, L.L.P., Farmingdale, N.Y. (Charles J. Casolaro of counsel), for Village of Farmingdale respondents in both Matters. Meyer, Suozzi, English Klein, P.C., Mineola, N.Y. (Michael A. Ciaffa of counsel), for Pabco Realty Corp., respondent in Matter No. 2.

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IN THE MATTER OF THOMAS GILLEN, ETC., appellant, v. JOHN GIORDANO, etc., et al., respondents. (MATTER NO. 1) THOMAS GILLEN, ETC., appellant,

ORDERED that on the court's own motion, the notice of appeal from the order in Matter No. 1 dated February 26, 2001, is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the order in Matter No. 1 dated February 26, 2001, and the judgment in Matter No. 2 are affirmed; and it is further,

ORDERED that one bill of costs is awarded to the respondents appearing separately and filling separate briefs.

Contrary to the appellant's contention, the redemption of the subject property by the defendant Pabco Realty Corp. was valid (see RPTL former 1456[1]). Moreover, the Supreme Court properly struck the appellant's request for punitive damages against the Village defendants (see Clark-Fitzpatrick, Inc. v. Long Is. R.R. Co., 70 N.Y.2d 382, 386; Sharapata v. Town of Islip, 56 N.Y.2d 332).

The appellant's remaining contentions are without merit.

SANTUCCI, J.P., McGINITY, LUCIANO and ADAMS, JJ., concur.

IN THE MATTER OF THOMAS GILLEN, ETC., appellant, v. JOHN GIORDANO, etc., et al., respondents. (MATTER NO. 1) THOMAS GILLEN, ETC., appellant,

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