By Dillon, J.P.; Christopher, Warhit, Landicino, JJ.
SEAN M. MCCARTHY, app, v. COUNTY OF NASSAU, NEW YORK, ET AL., res, ET AL., def — (Index No. 607458/20) Sean M. McCarthy, Massapequa, NY, appellant pro se. Calcaterra Law P.C., New York, NY (Regina Calcaterra and James A. Aliaga of counsel), for respondents. In a hybrid action, inter alia, for a judgment declaring that the Nassau County Reassessment Phase-In Act of 2020 violates the Equal Protection and Due Process Clauses of the United States and New York Constitutions and article XVI, §2 of the New York Constitution, and proceeding pursuant to CPLR article 78, the plaintiff/petitioner appeals from an order of the Supreme Court, Nassau County (James P. McCormack, J.), entered October 7, 2020. The order, insofar as appealed from, denied the plaintiff/petitioner’s motions for a preliminary injunction enjoining the defendants/respondents County of Nassau, New York, Nassau County Department of Assessment, Assessment Review Commission, Laura Curran, and David F. Moog from levying and collecting taxes pursuant to the Nassau County Reassessment Phase-In Act of 2020, and granted the motion of the defendants/respondents County of Nassau, New York, Nassau County Department of Assessment, Assessment Review Commission, Laura Curran, and David F. Moog pursuant to CPLR 3211(a)(7) and 7804(f) to dismiss the complaint/petition insofar as asserted against them. ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants/respondents County of Nassau, New York, Nassau County Department of Assessment, Assessment Review Commission, Laura Curran, and David F. Moog which was pursuant to CPLR 3211(a)(7) to dismiss the causes of action for a judgment declaring that the Nassau County Reassessment Phase-In Act of 2020 violates the Equal Protection and Due Process Clauses of the United States and New York Constitutions and article XVI, §2 of the New York Constitution, and adding thereto a provision deeming that branch of the motion to be for a declaratory judgment in those defendants/respondents’ favor, and thereupon granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the defendants/respondents County of Nassau, New York, Nassau County Department of Assessment, Assessment Review Commission, Laura Curran, and David F. Moog, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment, inter alia, declaring that the Nassau County Reassessment Phase-In Act of 2020 does not violate the Equal Protection and Due Process Clauses of the United States and New York Constitutions and article XVI, §2 of the New York Constitution.
