Opinion
2003-10259.
November 14, 2005.
Proceeding pursuant to CPLR article 78 and RPTL 1218 to review a determination of the New York State Board of Real Property Services, dated July 22, 2003, which established a final state equalization rate for the 2002 assessment roll of the City of Yonkers.
Richard T. Blancato, Tarrytown, N.Y. (Ira S. Levy of counsel), for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Robert H. Easton, Rosalie H. Hronsky, and Martha A. Lees of counsel), for respondent.
Before: Florio, J.P., Schmidt, Santucci and Luciano, JJ., concur.
Adjudged that the petition is granted, on the law and as a matter of discretion, with costs, the determination is annulled, and the matter is remitted to the New York State Board of Real Property Services for a new hearing and determination consistent with Matter of City of White Plains v. New York State Bd. of Real Prop. Servs. ( 18 AD3d 549) and Matter of Town of Mt. Kisco v. New York State Bd. of Real Prop. Servs. ( 23 AD3d 486 [decided herewith]).