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LUTHER FOREST v. McGUINESS

131 A.D.2d 233 (1987)

In the Matter of Luther Forest Corporation, Respondent, v. George McGuiness, as Assessor of The Town of Malta, Appellant. (And Four Other Related Proceedings.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 12, 1987

Attorney(s) appearing for the Case

Grogan, Steenburg & Pentkowski, P. C. (Earl D. Steenburg of counsel), for appellant.

John P. MacArthur (John W. Sutton of counsel), for respondent.

CASEY, MIKOLL and HARVEY, JJ., concur with LEVINE, J.; MAHONEY, P. J., dissents and votes to reverse in an opinion.

LEVINE, J.

Petitioners are the owners of a tract of land in the Town of Malta, Saratoga County, forming part of what was known as the Luther Forest, who instituted these proceedings challenging the determinations of respondent to increase the 1981 assessments of their properties by eliminating the exemption previously granted to them pursuant to RPTL 480. That statute was originally enacted (Tax Law former ...

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