Opinion
July 14, 1995
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Pine, J.P., Fallon, Wesley, Doerr and Davis, JJ.
Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court properly concluded that petitioner sustained his burden of overcoming the validity of the assessment, and properly used an income approach to value the property. The court failed, however, to set forth the essential facts upon which it relied in arriving at its determination of the fair value of the property during the tax years in question (see, Matter of Four Seasons Fitness Racquet Club v. Assessor of Town of Amherst, 212 A.D.2d 1025). Consequently, the order must be reversed and the matter remitted to Supreme Court to comply with Real Property Tax Law § 720 (2).