Neuner v. Town of New Windsor

Appellate Division of the Supreme Court of New York

Neuner v. Town of New Windsor

130 A.D.2d 637, 515 N.Y.S.2d 563, 1987 N.Y. App. Div. LEXIS 46650

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

DecidedMay 18, 1987

StatusPublished

Cited by1 cases

This text of 130 A.D.2d 637 (Neuner v. Town of New Windsor) 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

Neuner v. Town of New Windsor, 130 A.D.2d 637, 515 N.Y.S.2d 563, 1987 N.Y. App. Div. LEXIS 46650 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a proceeding pursuant to RPTL article 7, the appeal is from so much of a judgment of the Supreme Court, Orange County (Sullivan, J.), dated October 25, 1986, as granted the petitioner an age exemption pursuant to Real Property Tax Law § 467 for her entire real property.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In view of the parties’ stipulation that the petitioner’s entire 79-acre parcel of real property was not being used for any purpose other than as a residence, the appellant acted arbitrarily and capriciously in limiting the petitioner’s tax exemption pursuant to Real Property Tax Law § 467 to a 3.2-acre portion of the property (see, RPTL 467 [3] [c]; 5 Opns Counsel SBEA No. 8). Accordingly, the Supreme Court did not abuse its authority in directing the appellant to grant the petitioner an exemption for the remaining 75.8 acres. Mollen, P. J., Thompson, Brown and Rubin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to RPTL article 7, the appeal is from so much of a judgment of the Supreme Court, Orange County (Sullivan, J.), dated October 25, 1986, as granted the petitioner an age exemption pursuant to Real Property Tax Law § 467 for her entire real property.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In view of the parties’ stipulation that the petitioner’s entire 79-acre parcel of real property was not being used for any purpose other than as a residence, the appellant acted arbitrarily and capriciously in limiting the petitioner’s tax exemption pursuant to Real Property Tax Law § 467 to a 3.2-acre portion of the property (see, RPTL 467 [3] [c]; 5 Opns Counsel SBEA No. 8). Accordingly, the Supreme Court did not abuse its authority in directing the appellant to grant the petitioner an exemption for the remaining 75.8 acres. Mollen, P. J., Thompson, Brown and Rubin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

130 A.D.2d 637, 515 N.Y.S.2d 563, 1987 N.Y. App. Div. LEXIS 46650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neuner-v-town-of-new-windsor-nyappdiv-1987.

Opinion

Related

Cite This Page — Counsel Stack