New York State Employees' Retirement System v. Commissioner of Assessment

New York Supreme Court

New York State Employees' Retirement System v. Commissioner of Assessment

20 Misc. 2d 752, 196 N.Y.S.2d 850, 1960 N.Y. Misc. LEXIS 3557

DecidedFebruary 20, 1960

StatusPublished

This text of 20 Misc. 2d 752 (New York State Employees' Retirement System v. Commissioner of Assessment) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New York State Employees' Retirement System v. Commissioner of Assessment, 20 Misc. 2d 752, 196 N.Y.S.2d 850, 1960 N.Y. Misc. LEXIS 3557 (N.Y. Super. Ct. 1960).

Pincite

Opinion

Herbert D. Hamm, J.

This is a tax certiorari proceeding to cancel as exempt from taxation the tax assessments made by the City of Albany, New York, for the taxable year 1959 on three parcels of real property known as 84 Holland Avenue, part of 1220 Washington Avenue, and part of 1220 Washington Avenue, in Albany, owned by the petitioner New York State Employees’ Betirement System. All the parcels in issue have been improved by the erection and completion of office buildings and these buildings have been occupied by the State prior to the year in issue and prior to the making of the assessments complained of.

[753]*753At the time the properties were acquired in 1954 subdivision h of section 70 of the Civil Service Law (L. 1953, ch. 212) as pertinent provided: “ The retirement system may use a part of its funds, not exceeding five per centum of its net assets * * * (2) for purchasing or leasing of land in the cities of Albany or Syracuse and the construction thereon of a suitable office building or buildings for purposes of lease or sale to the state.”

At the time the assessments were made subdivision h of section 13 of the Retirement and Social Security Law as pertinent provided:

“ The retirement system may use a part of its funds, not exceeding five per centum of its assets * * * (2) for purchasing or leasing of land in the cities of Albany or Syracuse and the construction thereon of a suitable office building or buildings for purposes of lease or sale to the state * * *.

* # *

‘ ‘ Real property of the retirement system acquired or constructed pursuant to this subdivision shall be exempt from taxation.”

It has been stipulated that the limitation of 1 ‘ five per centum ’ ’ has not been exceeded.

It was within the power and discretion of the Legislature to confer on the petitioner the function and purpose of purchasing land and constructing office buildings thereon for lease to the State and the legislation was not a local law in violation of section 17 of article III of the Constitution of the State of New York.

The petition is granted. Submit order on notice.

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Herbert D. Hamm, J.

This is a tax certiorari proceeding to cancel as exempt from taxation the tax assessments made by the City of Albany, New York, for the taxable year 1959 on three parcels of real property known as 84 Holland Avenue, part of 1220 Washington Avenue, and part of 1220 Washington Avenue, in Albany, owned by the petitioner New York State Employees’ Betirement System. All the parcels in issue have been improved by the erection and completion of office buildings and these buildings have been occupied by the State prior to the year in issue and prior to the making of the assessments complained of.

[753]*753At the time the properties were acquired in 1954 subdivision h of section 70 of the Civil Service Law (L. 1953, ch. 212) as pertinent provided: “ The retirement system may use a part of its funds, not exceeding five per centum of its net assets * * * (2) for purchasing or leasing of land in the cities of Albany or Syracuse and the construction thereon of a suitable office building or buildings for purposes of lease or sale to the state.”

At the time the assessments were made subdivision h of section 13 of the Retirement and Social Security Law as pertinent provided:

“ The retirement system may use a part of its funds, not exceeding five per centum of its assets * * * (2) for purchasing or leasing of land in the cities of Albany or Syracuse and the construction thereon of a suitable office building or buildings for purposes of lease or sale to the state * * *.

* # *

‘ ‘ Real property of the retirement system acquired or constructed pursuant to this subdivision shall be exempt from taxation.”

It has been stipulated that the limitation of 1 ‘ five per centum ’ ’ has not been exceeded.

It was within the power and discretion of the Legislature to confer on the petitioner the function and purpose of purchasing land and constructing office buildings thereon for lease to the State and the legislation was not a local law in violation of section 17 of article III of the Constitution of the State of New York.

The petition is granted. Submit order on notice.

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Bluebook (online)

20 Misc. 2d 752, 196 N.Y.S.2d 850, 1960 N.Y. Misc. LEXIS 3557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-state-employees-retirement-system-v-commissioner-of-assessment-nysupct-1960.