Opinion
12-23-2016
In the Matter of J. Thomas BASSETT and Silvia De La Garza Bassett, Petitioners–Appellants, v. TOWN OF MANLIUS, Respondent–Respondent.
J. Thomas Bassett, petitioner-appellant pro se. Silvia De La Garza Bassett, petitioner-appellant pro se. Frateschi Law Firm, PLLC, Syracuse (Timothy A. Frateschi of Counsel), for respondent-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Hugh A. Gilbert, J.), entered January 15, 2016 in a CPLR article 78 proceeding. The judgment denied the petition.
J. Thomas Bassett, petitioner-appellant pro se.
Silvia De La Garza Bassett, petitioner-appellant pro se.
Frateschi Law Firm, PLLC, Syracuse (Timothy A. Frateschi of Counsel), for respondent-respondent.
MEMORANDUM:
In this CPLR article 78 proceeding challenging a determination made by a hearing officer in a small claims assessment review (SCAR) proceeding (see RPTL 736[2] ), we conclude that Supreme Court properly denied the petition. Judicial review of the determination of a hearing officer in a SCAR proceeding is limited to ascertaining whether the determination has a rational basis (see Matter of Dodge v. Krul, 99 A.D.3d 1218, 1218, 952 N.Y.S.2d 358 ; Matter of Garth v. Assessors of Town of Perinton, 87 A.D.3d 1306, 1307, 930 N.Y.S.2d 164 ). Here, the evidence presented at the SCAR hearing, including the evidence of comparable sales and assessments, provided a rational basis for the Hearing Officer's determination that petitioners had failed to meet their burden of demonstrating that respondent's assessment of their property was unequal or excessive (see Garth, 87 A.D.3d at 1307, 930 N.Y.S.2d 164 ; Matter of Montgomery v. Board of Assessment Review of Town of Union, 30 A.D.3d 747, 749, 817 N.Y.S.2d 419 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, and SCUDDER, JJ., concur.