TOWN OF NORTH HEMPSTEAD, res, v. COUNTY OF NASSAU ap

TOWN OF NORTH HEMPSTEAD, res, v. COUNTY OF NASSAU ap — (INDEX NO. 2027/16)In an action, inter alia, for declaratory and injunctive relief, the defendants appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Steinman, J.), entered May 31, 2016, as, in effect, granted those branches of the plaintiff's motion which were for a judgment declaring that the defendants could not offset, against any sums due and owing to the plaintiff, the charge-backs for the Fashion Institute of Technology tuition payments the plaintiff allegedly owed for the years 2004 to 2009, and for the entry of a money judgment in the sum of $1,273,496.76, representing the amount of sales tax proceeds withheld by the defendants from the plaintiff based on the claimed setoff, (2) from a decision of the same court entered July 28, 2016, and (3) from a money judgment of the same court, also entered July 28, 2016, which, upon the order and the decision, is in favor of the plaintiff and against them in the total sum of $1,308,352.19.

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TOWN OF NORTH HEMPSTEAD, res, v. COUNTY OF NASSAU ap — (INDEX NO. 2027/16)In an action, inter alia, for declaratory and injunctive relief, the defendants appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Steinman, J.), entered May 31, 2016, as, in effect, granted those branches of the plaintiff’s motion which were for a judgment declaring that the defendants could not offset, against any sums due and owing to the plaintiff, the charge-backs for the Fashion Institute of Technology tuition payments the plaintiff allegedly owed for the years 2004 to 2009, and for the entry of a money judgment in the sum of $1,273,496.76, representing the amount of sales tax proceeds withheld by the defendants from the plaintiff based on the claimed setoff, (2) from a decision of the same court entered July 28, 2016, and (3) from a money judgment of the same court, also entered July 28, 2016, which, upon the order and the decision, is in favor of the plaintiff and against them in the total sum of $1,308,352.19.

ORDERED that the appeal from so much of the order as directed the entry of a money judgment in the sum of $1,273,496.76, representing the amount of sales tax proceeds withheld by the defendants from the plaintiff based on the claimed setoff, is dismissed; and it is further,

TOWN OF NORTH HEMPSTEAD, res, v. COUNTY OF NASSAU ap

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