McDonald v. Briggs

Appellate Division of the Supreme Court of New York

McDonald v. Briggs

245 A.D.2d 1037, 666 N.Y.S.2d 65, 1997 N.Y. App. Div. LEXIS 13779

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

DecidedDecember 31, 1997

StatusPublished

Cited by1 cases

This text of 245 A.D.2d 1037 (McDonald v. Briggs) 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

McDonald v. Briggs, 245 A.D.2d 1037, 666 N.Y.S.2d 65, 1997 N.Y. App. Div. LEXIS 13779 (N.Y. Ct. App. 1997).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied petitioner’s motion for summary judgment. We reject petitioner’s contention that a Hearing Officer’s decision in a small claims assessment review in 1994 has res judicata effect with respect to petitioner’s assessment in 1995. RPTL 735 expressly provides that “small claims assessment review shall not constitute precedent for any purpose or proceeding involving the parties or any other person or persons”. The petition preceded the effective date of RPTL 739, which provides that, when a Small [1038]*1038Claims Hearing Officer orders a reduction in an assessment, the assessed valuation may not be changed on the next year’s assessment roll except under specified circumstances. (Appeal from Order of Supreme Court, Oneida County, Grow, J.—Tax Certiorari.) Present—Lawton, J. P., Hayes, Doerr, Balio and Fallon, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied petitioner’s motion for summary judgment. We reject petitioner’s contention that a Hearing Officer’s decision in a small claims assessment review in 1994 has res judicata effect with respect to petitioner’s assessment in 1995. RPTL 735 expressly provides that “small claims assessment review shall not constitute precedent for any purpose or proceeding involving the parties or any other person or persons”. The petition preceded the effective date of RPTL 739, which provides that, when a Small [1038]*1038Claims Hearing Officer orders a reduction in an assessment, the assessed valuation may not be changed on the next year’s assessment roll except under specified circumstances. (Appeal from Order of Supreme Court, Oneida County, Grow, J.—Tax Certiorari.) Present—Lawton, J. P., Hayes, Doerr, Balio and Fallon, JJ.

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Bluebook (online)

245 A.D.2d 1037, 666 N.Y.S.2d 65, 1997 N.Y. App. Div. LEXIS 13779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-briggs-nyappdiv-1997.

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