Narrative Opinion Summary
In consolidated tax certiorari proceedings, the Supreme Court of Rockland County issued an order on November 16, 1995, which granted the petitioners’ motion to enter judgment based on a stipulation made by the parties’ attorneys in open court. This stipulation involved reducing property assessments and refunding overpaid taxes. However, the appellate court reversed this order, stating that the stipulation was not approved by the Town Board of Orangetown and therefore was not binding on the appellants, citing relevant legal precedents including Town Law § 68 and case law such as Hartford Ins. Group v Town of N. Hempstead and Matter of Dayho Motel v Assessor of Town of Orangetown. The motion to enter judgment was consequently denied, and costs were awarded. Justices Goldstein, Altman, Florio, and Luciano concurred in the decision.
Legal Issues Addressed
Approval Requirement under Town Law § 68subscribe to see similar legal issues
Application: Under Town Law § 68, stipulations affecting municipal interests require approval from the relevant town board to be binding.
Reasoning: The appellate court reversed this order, stating that the stipulation was not approved by the Town Board of Orangetown and therefore was not binding on the appellants, citing relevant legal precedents including Town Law § 68.
Denial of Judgment Entry Motionsubscribe to see similar legal issues
Application: The motion to enter judgment based on the unapproved stipulation was denied, aligning with the requirement for municipal board approval.
Reasoning: The motion to enter judgment was consequently denied, and costs were awarded.
Precedent Cases in Municipal Stipulationssubscribe to see similar legal issues
Application: The appellate court referenced previous cases to support its decision, indicating the necessity of board approval for municipal stipulations.
Reasoning: The appellate court reversed this order, citing relevant legal precedents including Town Law § 68 and case law such as Hartford Ins. Group v Town of N. Hempstead and Matter of Dayho Motel v Assessor of Town of Orangetown.
Stipulation in Open Courtsubscribe to see similar legal issues
Application: The stipulation made by the attorneys in open court was deemed non-binding as it lacked approval from the Town Board of Orangetown.
Reasoning: However, the appellate court reversed this order, stating that the stipulation was not approved by the Town Board of Orangetown and therefore was not binding on the appellants.