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MTR. OF CLOVE DEV. CORP. v. FREY

63 N.Y.2d 181 (1984)

In the Matter of Clove Development Corporation, Respondent, v. Thomas Frey et al., as Assessors of the Town of Highland, et al., Appellants. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided October 16, 1984.

Attorney(s) appearing for the Case

Edward M. Cooke for appellants.

Ira M. Emanuel and Warren E. Berbit for respondent.

Judges JASEN, MEYER, SIMONS and KAYE concur; Chief Judge COOKE and Judge WACHTLER taking no part.

JONES, J.

A tax assessor has no power to make a determination whether property is an "eligible tract" for forest land tax exemption under section 480-a of the Real Property Tax Law, such authority having been committed exclusively to the Department of Environmental Conservation.

Finding that, under the statutory provisions then in effect, lands devoted to growth...

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