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Bailey v. Board of Assessors

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 2008
56 A.D.3d 466 (N.Y. App. Div. 2008)

Opinion

No. 2007-06743.

November 5, 2008.

In a small claims proceeding pursuant to RPTL article 7 and CPLR article 78 to review the assessments of the petitioners' real property for tax year 2005/2006, the Board of Assessors and Board of Assessment Review of County of Nassau appeal from a judgment of the Supreme Court, Nassau County (LaMarca, J.), entered June 15, 2007, which granted the petition, annulled 16 determinations of a Small Claims Tax Assessment Hearing Officer, each dated February 2, 2007, denying the petitioners' applications for small claims assessment review, and remitted the matters to the Small Claims Tax Assessment Hearing Officer for a hearing, a de novo review of the applications, and new determinations thereafter.

Lorna B. Goodman, County Attorney, Mineola, N.Y. (Gerald R. Podlesak of counsel), for appellants.

Robert Bichoupan P.C., Great Neck, N.Y. (Robin S. Laveman of counsel), for respondents.

Lifson, J.P., Florio, Eng and Belen, JJ.


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly annulled the challenged determinations, and remitted the matter at issue to the Small Claims Tax Assessment Hearing Officer for a hearing, a de novo consideration of the merits of the petitioners' applications, and new determinations thereafter ( see Matter of Sivin v Board of Assessors, 57 AD3d 115, 2008 NY Slip Op 08495 [decided herewith]).


Summaries of

Bailey v. Board of Assessors

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 2008
56 A.D.3d 466 (N.Y. App. Div. 2008)
Case details for

Bailey v. Board of Assessors

Case Details

Full title:In the Matter of JACKSON BAILEY et al., Respondents, v. BOARD OF ASSESSORS…

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

Date published: Nov 5, 2008

Citations

56 A.D.3d 466 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8481
865 N.Y.S.2d 923

Citing Cases

Sivin v. Board of Assessors

LIFSON, J.P. This case, and the two companion cases decided herewith ( see Matter of Bailey v Board of…