Regeneron Pharms v. McCarthy

2 Citing cases

  1. Culinary Arts Riverhead, LLC v. Assessor of the Town of Riverhead

    216 A.D.3d 777 (N.Y. App. Div. 2023)

    Pursuant to a 2007 sale/lease back agreement, the Suffolk County Industrial Development Agency (hereinafter the IDA), which owns certain real property located in the Town of Riverhead (hereinafter the property), leases the property to the petitioner, who, in turn, subleases the property to Suffolk County Community College (hereinafter the college) for the college's culinary arts program. The property was tax exempt pursuant to General Municipal Law § 874 and Real Property Tax Law § 412–a, and, pursuant to a 2007 agreement with the IDA and the college (hereinafter the agreement), the petitioner was required to make certain payments in lieu of taxes (see generally General Municipal Law § 874 ; Matter of Regeneron Pharms. Inc. v. McCarthy, 26 Misc.3d 1203[A], 2009 N.Y. Slip Op. 52638[U], 2009 WL 5149853 [Sup. Ct., Rensselaer County], affd 77 A.D.3d 1246, 910 N.Y.S.2d 196 ). In May 2018, for the 2018/2019 tax year, the Town's Board of Assessors revoked the property's tax exempt status on the ground that the petitioner failed to make certain payments in lieu of taxes, and, pursuant to the agreement, the failure to make such payments permitted the IDA to convey the property back to the petitioner.

  2. In Matter of Hann. Bros. v. Board of Asse. Rev.

    2011 N.Y. Slip Op. 51328 (N.Y. Sup. Ct. 2011)

    Similarly unconvincing is respondents thesis there has been no waiver since the Assessor was "merely a bystander to the arbitration procedure established in the Agreement" (Affirmation of Robert Beebe, Esq. dated May 20, 2011 at paragraph 5). The record shows that petitioner applied for a real property tax exemption pursuant to RPTL 412-a, and that the Assessor accorded the property exemption status in accord with the PILOT agreements, as required (see Matter of Regeneron Pharms., Inc. v. McCarthy, 26 Misc 3d 1203[A], affirmed 77 AD3d 1246, lv denied 16 NY3d 704). The PILOT agreements speak to the value of the property as determined by the Assessor.