On January 11, 2023 a Exhibit,Appendix was filed involving a dispute between Louann Associates Llc And All Other Plaintiffs Similarly Situated Identified In The Annexed Exhibit A Affecting The Parcels Listed Therein By Section, Block, And Lot Description, and Albertson Fire Company,, Albertson Water District,, Amityville School District,, Baldwin School District,, Barnum Island Fire District,, Bay Park Fire District,, Bayville Fire Company No. 1,, Belgrave Water Pollution Control District,, Bellerose Fire District,, Bellerose Terrace Fire Department,, Bellmore School District,, Bethpage Water District,, Bruce A. Blakeman, In His Official Capacity As Nassau County Executive,, Carle Place Water District,, Cathedral Gardens Water District,, City Of Glen Cove,, City Of Long Beach,, City Of Long Beach Public Works Division Of Sewer Maintenance,, County Of Nassau,, David Y. Chiang, In His Official Capacity As Nassau County Treasurer,, East Williston Fire District,, Elmont Fire District,, Farmingdale School District,, Floral Park-Bellerose Fire District,, Flower Hill Hose Company No. 1,, Franklin Square-Munson Fire District,, Freeport School District,, Freeport Village, Garden City School District,, Garden City Water And Sewer Department,, Glen Cove School District,, Glen Cove Water Department,, Glenwood Landing Fire Department,, Glenwood Water District,, Greater Atlantic Beach Water Reclamation District,, Great Neck Water Pollution Control District,, Hempstead School District,, Herricks School District,, Hewlett Fire District,, Hewlett-Woodmere School District,, Hicksville Water District,, Incorporated Village Of Bayville School District,, Incorporated Village Of Williston Park Water Department,, Inwood Fire District,, Island Trees School District,, Jericho Water District,, Lake Success Village, Lakeview School District,, Lawrence-Cedarhurst Fire District,, Lawrence Union Free School District,, Levittown School District,, Locust Valley Water District,, Long Beach School District,, Lynbrook Water District,, Malverne School District,, Manhasset-Lakeville Water District,, Manhasset School District,, Manorhaven Village, Massapequa Water District,, Matthew R. Cronin, In His Official Capacity As Assessor Of The County Of Nassau,, Meadowmere Park Fire District,, Merrick Union Free School District,, Mineola School District,, Mineola Village, Nassau County Department Of Assessment,, Nassau County Department Of Public Works,, Nassau County Legislature,, Nassau County Police Department,, New Hyde Park-Garden City Park School District,, New Hyde Park-Garden City Ufsd,, New York American Water-Merrick,, New York American Water-Sea Cliff,, North Shore School District,, Oceanside School District,, Oyster Bay-East Norwich Central School District,, Plainedge Public Schools,, Plainview-Old Bethpage School District,, Plainview Water District,, Plandome Fire Department,, Point Lookout-Lido Fire District,, Port Washington Water Pollution Control District,, Rockville Centre School District,, Rockville Centre Village, Roosevelt School District,, Roslyn Village, Roslyn Water District,, Sanitary District 6,, Sanitary District No. 2,, Sea Cliff Fire District,, Seaford School District,, South Floral Park Fire Department,, South Hempstead Fire District,, Stewart Manor Fire District,, Syosset School District, Town Of Hempstead,, Town Of Hempstead Water Department,, Town Of North Hempstead,, Town Of Oyster Bay,, Uniondale School District,, Valley Stream Fire District,, Valley Stream School District 13,, Valley Stream School District 24,, Valley Stream School District 30,, Village Of Hempstead Water Department,, Village Of Mineola Water Department,, Village Of Old Westbury Water Department,, Village Of Rockville Centre Water Department,, Village Of Sands Point Water Department,, Wantagh School District,, Water Authority Of Great Neck North,, Westbury Water District,, West Hempstead Water District,, Williston Park Fire District,, Woodbury Fire Company No. 1,, Woodmere Fire District,, for Real Property - Tax Certiorari in the District Court of Nassau County.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
FILED: NASSAU COUNTY CLERK 04/03/2023 04:35 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 04/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------- ---------------------------------------- ----X LOUANN AS SOCIATES LLC, and all other Plaintiffs similarly situated identified in the Index No.: 600700/2023 annexed Exhibit "A" affecting the parcels listed therein by Section, Block and Lot description, AFFIDAVIT IN SUPPORT Plaintiffs, OF MOTION TO DISMISS -against- BRUCE A. BLAKEMAN, in his official capacity as NASSAU COUNTY EXECUTIVE . . . WEST HEMPSTEAD SCHOOL DISTRICT, et al. Defendants. ------------------------- --------------------- ------ -----------------X STA TE OF NEW YORK) ) ss.: COUNTY OF NASSAU) THERESA BRYANT, being duly swom, deposes and says: 1. I am the Distiict Clerk for the Defendant West Hempstead Union Free School District ("School District" or "District"), having served in that role since . SJ.7I ,p,LiJ. 2. In addition, I am also the Administrative Assistant to the Superintendent, having served in that role since /Uov. ~ 17 ?]. 3. I submit this Affidavit in Support of the Distiict's Motion to Dismiss the Verified Complaint of Louann Associates, LLC, and all other similarly situated Plaintiffs (hereinafter "Louann" or "Plaintiffs") under CPLR § 321 l(a)(7). 4. In my role as District Clerk, I, among other things, receive and distribute correspondence to the District's Board of Education and am responsible for maintaining Disttict records. FILED: NASSAU COUNTY CLERK 04/03/2023 04:35 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 04/03/2023 5. As the District Clerk, I am the District officer charged with receiving legal notices and papers se1ved upon the District and am the individual authorized to accept se1vice of the same. This would include setvice of a notice of claim upon the Disttict or, as relevant to this matter, a notice that a property owner is paying taxes "under protest." 6. Upon reading the Ve1ified Complaint and reviewing District record s, I unde1took a review of the District's records relating to Plaintiff and the other property owners upon whose behalf Plaintiff allegedly commenced this proceeding. 7. Based upon my review of the District's records and my own recollection of documents served upon me as District Clerk, I can confim1 that the District has not been served with a notice of claim or any notice of protest from the Plaintiff or any other propetty owner upon whose behalf Plaintiff allegedly commenced this proceeding pertaining to the allegations set forth in the Verified Complaint. WHEREFORE , for all of the reasons set f01th herein, I respectfully request that the Plaintiffs' Verified Complaint be dismissed in its entirety as asserted against the District. SV{Qpl to be me before this ~ day of April 2023 ,. ~ NOTARPUBLIC £Le£~ CATHY DELROSS1 llotary Public, State ot New York No. OlDE6049379 Oualified in Nassau County__ -'1 / .,, C",mmission Expires October 10, ~ FILED: NASSAU COUNTY CLERK 04/03/2023 04:35 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 04/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------------------------X LOUANN AS SOCIATES LLC, and all other Plaintiffs similarly situated identified in the Index No.: 600700/2023 annexed Exhibit "A" affecting the parcels listed therein by Section, Block and Lot description, CERTIFICATION Pursuant to Part 202.8-b Plaintiffs, -against- BRUCE A. BLAKEMAN, in his official capacity as NASSAU COUNTY EXECUTIVE . .. WEST HEMPSTEAD SCHOOL DISTRICT, et al. Defendants. ---------------------------------------------------------------------X Pursuant to Part 202.8-b, the undersigned hereby certifies that this Affidavit in Support of Motion to Dismiss contains 308 words and complies with the word count limit of Part 202.8- b. Dated: Farmingdale, New York April 3, 2023 Yours, etc., GUERCIO & GUE IO, LLP By: CHRISTOPHER F. MESTECKY, ESQ. Attorneys for Defendant West Hempstead Union Free School District s/hla West Hempstead School District 77 Conklin Street Farmingdale, NY 11735 (516) 694-3000 GGDOCS-2111226892-761\3.0 FILED: NASSAU COUNTY CLERK 04/03/2023 04:35 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 04/03/2023 Index No.: 60070012023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU LOUANN ASSOCIATES LLC, and all other Plaintiffs similarly situated identified in the annexed Exhibit "A" affecting the parcels listed therein by Section, Block and Lot description, Plaintiff(s ), -against- BRUCE A. BLAKEMAN, in his official capacity as NASSAU COUNTY EXECUTIVE .. . WEST HEMPSTEAD SCHOOL DISTRICT, et al., Defendant(s ), AFFIDAVIT IN SUPPORT OF MOTION TO DISMISS Signature (Rule 130-1 . 1-a) Print name beneath GUERCIO & GUERCIO, LLP ATTORNEYS-AT-LAW Attorneys for Defendant West Hempstead Union Free School District s/Wa West Hempstead School District Office and Post Office Address, Telephone 77 CONKLIN STREET FARMINGDALE, N.Y. 11735 516-694-3000 To: Attomey(s) for Service of a copy of the within is hereby admitted. Dated: Attomey(s) for NOTICE OF ENTRY PLEASE take notice that the within is a (certified) true copy of a , duly entered in the office of the clerk of the within named court on NOTICE OF SETTLEMENT PLEASE take notice that an order , of which the within is a true copy will be presented for settlement to the Hon. , one of the judges of the within named Court, at on, at, GUERCIO & GUERCIO, LLP ATTORNEYS-AT-LAW 77 CONKLIN STREET FARMINGDALE, N.Y. 11735 516-694-3000 Fax 516-694-4 73 8