Summary
In People v. Rivers, 262 A.D.2d 488 (1st Dept., 1999), the First Department explicitly held that CPL 380.50 should be read as affirmatively "granting victims the right to make statements at sentencing, not as limiting the court's discretion to permit additional persons to speak".
Summary of this case from People v. BolsonOpinion
Argued April 30, 1999
June 14, 1999
In a proceeding pursuant to CPLR article 78 to review a determination of the Town of Eastchester Board of Assessment Review dated August 29, 1997, which denied the petitioner's application for an exemption from real property taxes pursuant to Real Property Tax Law § 420-b, the appeal is from a judgment of the Supreme Court, Westchester County (Nicolai, J.), entered July 7, 1998, which granted the petition, annulled the determination, and granted the petitioner's application for an exemption from real property taxes.
Plunkett Jaffe, P.C., White Plains, N.Y. (Richard J. Lambert and Leno Scharretta of counsel), for appellant.
Harvey A. Eysman, Great Neck, N.Y., for respondent.
SONDRA MILLER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.
The judgment must be reversed because there was a rational basis for the determination of the Town of Eastchester Board of Assessment Review that the petitioner failed to establish its entitlement to an exemption from real estate taxes ( see, Matter of Marble Masonic Historical Society v. Tuckahoe Assessment Review Board, 262 A.D.2d 487 [decided herewith]).