Opinion
March 13, 1962
Present — Bergan, P.J., Coon, Gibson, Herlihy and Taylor, JJ.
Appeal from an order of Supreme Court, Albany County, entered on the decision of a Referee. The basic problems in this certiorari proceeding to review petitioner's special franchise tax assessment in the Borough of Richmond for the year 1952-53 were examined on the prior appeal ( 6 A.D.2d 369). The court then left open the question of the rate of equalization and remitted the proceeding to Special Term for reconsideration of that issue. The rate of equalization determined by the State Board of Equalization and Assessment was 96%. The rate of equalization found by the first Referee on the original trial was 65%. On the second trial after remission of the case to the Special Term on the basis of the original record and further proof by the State Board in support of its determination a new Referee found the rate to be 88%. This determination has been confirmed by the Special Term. The full value of petitioner's special franchise as found by the State Board is $3,964,900. At the 88% rate found by the Referee, an assessment of $3,489,112 would result. There is sufficient evidence in the record to sustain such a conclusion. After 10 years of litigation resulting in two separate determinations of assessed value, we think there should now be finality to the controversy. Any rate that is found is necessarily a matter of judgment and evaluation and we consider that the 88% now found by the Referee is within a reasonable area of judgment. Order unanimously affirmed, without costs.