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Matter of Union Carbide v. Assessor

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 242 (N.Y. App. Div. 2000)

Opinion

Argued October 10, 2000.

November 6, 2000.

In a proceeding pursuant to Real Property Tax Law article 7 to review certain real property tax assessments for the tax years 1992-1993 through 1995-1996, the Assessor of the Town of Greenburgh, the Board of Review of the Town of Greenburgh, and the Town of Greenburgh appeal and the intervenor Pocantico Hills Central School District separately appeals from (1) a decision of the Supreme Court, Westchester County (Orlando, J.H.O.), entered May 6, 1999, and (2) a judgment of the same court, dated August 25, 1999, entered upon the decision, which, inter alia, reduced the petitioner's real property tax assessment.

Richard T. Blancato, Tarrytown, N.Y., for appellants.

Plunkett Jaffe, P.C., White Plains, N.Y. (Marc E. Sharff, Francis J. Earley, and Jean Smiertka Huff of counsel), for intervenor-appellant.

Griffin, Coogan Veneruso, P.C., Bronxville, N.Y. (Robert W. Wolper of counsel), for respondent.

Before: GUY JAMES MANGANO, P.J., DAVID S. RITTER, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

ORDERED that the judgment is affirmed; and it is further,

ORDERED that the respondent is awarded one bill of costs.

Contrary to the appellants' contentions, the challenged findings of the Supreme Court are within the range of the experts' testimony and are supported by the record (see, Matter of 495 Cent. Ave. Corp. v. Town of Greenburgh, 237 A.D.2d 606; Matter of Krebs v. Board of Assessors, 225 A.D.2d 625; Matter of Alexander's Dept. Store of Val. Stream v. Board of Assessors, 227 A.D.2d 549).

The appellants' remaining contentions are without merit.


Summaries of

Matter of Union Carbide v. Assessor

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 242 (N.Y. App. Div. 2000)
Case details for

Matter of Union Carbide v. Assessor

Case Details

Full title:IN THE MATTER OF UNION CARBIDE CORPORATION, RESPONDENT, v. ASSESSOR OF THE…

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

Date published: Nov 6, 2000

Citations

277 A.D.2d 242 (N.Y. App. Div. 2000)
715 N.Y.S.2d 650