From Casetext: Smarter Legal Research

Matter of San Simeon by the Sound v. Russell

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 689 (N.Y. App. Div. 1998)

Opinion

May 11, 1998

Appeal from the Supreme Court, Suffolk County (Werner, J.).


Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly determined that the petitioner's property is exempt from taxation for the 1994-1995 tax year ( see, CPLR 3212; Real Property Tax Law § 720). The petitioner established as a matter of law that it had a mandatory exemption from real property taxation as a "hospital" and "residential health care facility" ( see, Real Property Tax Law § 420-a [a]; Public Health Law § 2801; [3], [4] [b]; Matter of Howard v. Wyman, 28 N.Y.2d 434; Cobble Hill Nursing Home v. Henry Warren Corp., 196 A.D.2d 564).

In light of the above determination, the petitioner's remaining contention need not be reached.

Rosenblatt, J.P., Ritter, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of San Simeon by the Sound v. Russell

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 689 (N.Y. App. Div. 1998)
Case details for

Matter of San Simeon by the Sound v. Russell

Case Details

Full title:In the Matter of SAN SIMEON BY THE SOUND, INC., Respondent, v. SCOTT A…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 11, 1998

Citations

250 A.D.2d 689 (N.Y. App. Div. 1998)
671 N.Y.S.2d 699

Citing Cases

Viahealth of Wayne v. VanPatten

Here, petitioner establishes prima facie that the Public Health Law definition of hospital is properly used…

Adult Home at Erie Station, Inc. v. Assessor & Board of Assessment Review

edman, 57 NY2d 588.) II. The Appellate Division applied the wrong standard for determining whether an RPTL…