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In The Matter Of The Application Of Driggs Partners Llc For A Judgment Under Article 78 Of The Civil Practice Law And Rules v. Preston Niblack in his capacity as THE COMMISSIONER OF FINANCE OF THE CITY OF NEW YORK, City Of New York
A Special Proceedings - Cplr Article 78 case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) in the jurisdiction of Kings County. Judge Kings CDP7 presiding.
Case Details
Case Number
Filing Date
May 09, 2024
Last Refreshed
May 16, 2024
Filing Location
Kings County, NY
Filing Court House
Supreme
Judge
Hon. Kings CDP7
Category
Special Proceedings - CPLR Article 78
Practice Area
Administrative
Matter Type
Agency Action
Status
Settlement
Overview
As will be explained herein, DOF has refused to follow the law, the precedent, and
the prior course of conduct of DOF, which requires residentially zoned vacant land outside of
Manhattan, such as the Property, to be taxed as a residential property; TC 1. See RPTL § 1802(1)(d),
which is set forth below and fully explained in the accompanying Memorandum of Law.
Causes of Action
1. PURSUANT TO CPLR ARTICLE 78
Parties
Plaintiffs
In The Matter Of The Application Of Driggs Partners Llc For A Judgment Under Article 78 Of The Civil Practice Law And Rules
Attorneys for Plaintiffs
Goldberg, Scott
Defendants
City Of New York
Preston Niblack
In His Capacity As The Commissioner Of Finance Of The City Of New York
Case Documents
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion 1)
Date: May 10, 2024
EXHIBIT(S) - P
Date: May 09, 2024
EXHIBIT(S) - N
Date: May 09, 2024
RJI -RE: NOTICE OF PETITION
Date: May 09, 2024
ADDENDUM - GENERAL (840A)
Date: May 09, 2024
EXHIBIT(S) - O
Date: May 09, 2024
EXHIBIT(S) - M
Date: May 09, 2024
EXHIBIT(S) - I
Date: May 09, 2024
EXHIBIT(S) - L
Date: May 09, 2024
EXHIBIT(S) - K
Date: May 09, 2024
EXHIBIT(S) - J
Date: May 09, 2024
EXHIBIT(S) - G
Date: May 09, 2024
EXHIBIT(S) - F
Date: May 09, 2024
EXHIBIT(S) - D
Date: May 09, 2024
EXHIBIT(S) - E
Date: May 09, 2024
EXHIBIT(S) - C
Date: May 09, 2024
EXHIBIT(S) - B
Date: May 09, 2024
EXHIBIT(S) - A
Date: May 09, 2024
MEMORANDUM OF LAW IN SUPPORT
Date: May 09, 2024
NOTICE OF PETITION (Motion 1)
Date: May 09, 2024
PETITION
Date: May 09, 2024Case Events
| Date | Type | Description | |
|---|---|---|---|
| May 10, 2024 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1) Affidavit of Service for all parties. |
||
| May 09, 2024 |
EXHIBIT(S) - P DOF's final administrative decision |
||
| May 09, 2024 |
EXHIBIT(S) - N DOF's Clerical Error Rule - 19 RCNY 53, et seq. |
||
| May 09, 2024 | RJI -RE: NOTICE OF PETITION | ||
| May 09, 2024 | ADDENDUM - GENERAL (840A) | ||
| May 09, 2024 |
EXHIBIT(S) - O Petitioner's request to DOF to correct this error. |
||
| May 09, 2024 |
EXHIBIT(S) - M NYC DOF's definitions of Tax Class 1 - vacant land is omitted |
||
| May 09, 2024 |
EXHIBIT(S) - I 43 Supreme Court Decisions and one First Department Decision involving vacant land. |
||
| May 09, 2024 |
EXHIBIT(S) - L Nassau County FAQ's re Tax Class 1 - Residentially zoned vacant land is defined as TC1 |
||
| May 09, 2024 |
EXHIBIT(S) - K Petitioner's chart detailing the error and the amount due |
||
| May 09, 2024 |
EXHIBIT(S) - J Five Stipulations of Settlement for vacant land cases exactly like this case |
||
| May 09, 2024 |
EXHIBIT(S) - G Special Purpose - Mixed Use Districts as defined in ZoLa |
||
| May 09, 2024 |
EXHIBIT(S) - H Shore Development decisions (2) and 194 Main Street decision. |
||
| May 09, 2024 |
EXHIBIT(S) - F R6, R6A and R6B zoning definitions |
||
| May 09, 2024 |
EXHIBIT(S) - D NYC ZoLa information for the property |
||
| May 09, 2024 |
EXHIBIT(S) - E M1 Zoning Information (One of the zoning classifications) |
||
| May 09, 2024 |
EXHIBIT(S) - C Photographs of the Property when it was vacant land - lot 23. |
||
| May 09, 2024 |
EXHIBIT(S) - B Condominium Declaration - In part |
||
| May 09, 2024 |
EXHIBIT(S) - A Deed where Petitioner acquired title. |
||
| May 09, 2024 | Memorandum of Law in Support of the Article 78 Petition | ||
| May 09, 2024 |
NOTICE OF PETITION (Motion #1) Notice of Petition - Article 78 |
||
| May 09, 2024 |
PETITION Article 78 Petition. |
