Appellate Division of the Supreme Court of the State of New York February 5, 1979 (DHI Management Agency v. City of Yonkers)

— In a proceeding pursuant to article 7 of the Real Property Tax Law, petitioners appeal from an order of the Supreme Court, Westchester County, dated May 23, 1977, which treated respondents’ motion to dismiss the petition as one for summary judgment and granted the motion. Order reversed, on the law, with $50 costs and disbursements, and motion denied.