Opinion
July 11, 1961
In consolidated proceedings against the Board of Assessors of Nassau County, under article 13 of the Tax Law (now Real Property Tax Law, art. 7) to review and reduce, on the ground of inequality, certain tax assessments on petitioner's real property, the board appeals from an order of the Supreme Court, Nassau County, entered October 28, 1960, which referred to an Official Referee for hearing and determination, the issues raised on petitioner's application, pursuant to section 716 Real Prop. Tax of the Real Property Tax Law (formerly Tax Law, § 292-a), to require the board to pay the reasonable expenses incurred by petitioner in making proof of the ratio which the assessed valuation of real property in Nassau County bears to its full value. Order affirmed, without costs. No opinion. Nolan, P.J., Ughetta, Kleinfeld and Pette, JJ., concur; Brennan, J., dissents and votes to reverse the order and to deny the application for the reasons stated in his dissenting memorandum on the companion appeal, decided herewith ( Matter of Mid-Island Shopping Plaza v. Podeyn, 14 A.D.2d 571). [ 25 Misc.2d 972.]