Federated Department Stores, Inc. v. Board of Assessors

Appellate Division of the Supreme Court of New York

Federated Department Stores, Inc. v. Board of Assessors

299 A.D.2d 409, 749 N.Y.S.2d 730, 2002 N.Y. App. Div. LEXIS 10684

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 12, 2002

StatusPublished

Cited by1 cases

This text of 299 A.D.2d 409 (Federated Department Stores, Inc. v. Board of Assessors) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Federated Department Stores, Inc. v. Board of Assessors, 299 A.D.2d 409, 749 N.Y.S.2d 730, 2002 N.Y. App. Div. LEXIS 10684 (N.Y. Ct. App. 2002).

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Opinion

In a tax certiorari proceeding pursuant to RPTL article 7, the appeal is from an order and judgment (one paper) of the Supreme Court, Nassau County (McCarty, J.), entered August 13, 2001, which, inter alia, reduced the assessment of the petitioner’s real property for the 1989/1990 through 2000/2001 tax years.

Ordered that the order and judgment is affirmed, with costs.

A review of the appraisal report prepared by the petitioner’s appraiser reveals that it complies with 22 NYCRR 202.59 (g), as it contains a statement of the method of appraisal relied on, the conclusion as to value reached by the appraiser, and the facts, figures, and calculations by which that conclusion was reached. Further, at trial, the petitioner met its initial burden of coming forward with substantial credible evidence of the invalidity of the assessments, and we perceive no basis to disturb the Supreme Court’s finding that the petitioner established by a preponderance of the evidence that its property was overvalued in each of the pertinent tax years (see Matter of FMC Corp. v Unmack, 92 NY2d 179, 188). Santucci, J.P., Feuerstein, O’Brien and Luciano, JJ., concur.

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In a tax certiorari proceeding pursuant to RPTL article 7, the appeal is from an order and judgment (one paper) of the Supreme Court, Nassau County (McCarty, J.), entered August 13, 2001, which, inter alia, reduced the assessment of the petitioner’s real property for the 1989/1990 through 2000/2001 tax years.

Ordered that the order and judgment is affirmed, with costs.

A review of the appraisal report prepared by the petitioner’s appraiser reveals that it complies with 22 NYCRR 202.59 (g), as it contains a statement of the method of appraisal relied on, the conclusion as to value reached by the appraiser, and the facts, figures, and calculations by which that conclusion was reached. Further, at trial, the petitioner met its initial burden of coming forward with substantial credible evidence of the invalidity of the assessments, and we perceive no basis to disturb the Supreme Court’s finding that the petitioner established by a preponderance of the evidence that its property was overvalued in each of the pertinent tax years (see Matter of FMC Corp. v Unmack, 92 NY2d 179, 188). Santucci, J.P., Feuerstein, O’Brien and Luciano, JJ., concur.

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Bluebook (online)

299 A.D.2d 409, 749 N.Y.S.2d 730, 2002 N.Y. App. Div. LEXIS 10684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federated-department-stores-inc-v-board-of-assessors-nyappdiv-2002.

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