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Matter of Town of Highland v. New York St. Bd.

Appellate Division of the Supreme Court of New York, Third Department
Jan 5, 1995
211 A.D.2d 893 (N.Y. App. Div. 1995)

Opinion

January 5, 1995

Appeal from the Supreme Court, Sullivan County (Williams, J.).


Supreme Court quite rightly dismissed the petition. Given that petitioner did not comply with the applicable regulations (see, 9 NYCRR 186-15.2) when seeking a modification of its 1992 equalization rate, failing to make any specific objections or submit any documentation in support of its complaint, respondent did not err in refusing to grant the requested modification (see, Matter of City of White Plains v. State Bd. of Equalization Assessment, 205 A.D.2d 771, 772; Matter of Town of Patterson v. State Bd. of Equalization Assessment, 168 A.D.2d 820, 822). While petitioner asserts that respondent was in possession of appraisal and value information for one property — which information established the validity of its complaint — there is nothing in the complaint itself that would have drawn respondent's attention to the fact that it was this particular determination of market value that was being challenged. Moreover, as neither the factual data upon which petitioner relies, nor the many indiscretions, which it now claims occurred, were presented to respondent, they are not properly before us (see, Matter of Schodack Concerned Citizens v. Town Bd., 148 A.D.2d 130, 135, lv denied 75 N.Y.2d 701; Aldrich v. Pattison, 107 A.D.2d 258, 268).

Lastly, it cannot be said that respondent erred in refusing to reopen the rate complaint process to permit petitioner to submit the required documentation, for when requesting this relief petitioner again neglected to particularize its complaint, neither including the documentation in support thereof nor indicating the nature of that documentation.

Petitioner's remaining arguments have been considered and found unavailing.

Cardona, P.J., Mikoll, Mercure and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Town of Highland v. New York St. Bd.

Appellate Division of the Supreme Court of New York, Third Department
Jan 5, 1995
211 A.D.2d 893 (N.Y. App. Div. 1995)
Case details for

Matter of Town of Highland v. New York St. Bd.

Case Details

Full title:In the Matter of TOWN OF HIGHLAND, Appellant, v. NEW YORK STATE BOARD OF…

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

Date published: Jan 5, 1995

Citations

211 A.D.2d 893 (N.Y. App. Div. 1995)
621 N.Y.S.2d 174

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