MATTER OF WELCH FOODS INC. v. TOWN OF PORTLAND


187 A.D.2d 948 (1992)

In the Matter of Welch Foods Inc., Appellant, v. Town of Portland et al., Respondents In the Matter of Welch Foods Inc., Appellant, v. Village of Brocton et al., Respondents. (Appeal No. 1.)

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

November 18, 1992


Judgment unanimously reversed on the law with costs and new trial granted.

Memorandum:

Petitioner appeals from a judgment dismissing its petition brought pursuant to article 7 of the Real Property Tax Law to review the tax assessments on its property in the Village of Brocton, Town of Portland. The Hearing Officer dismissed the petition at the close of testimony of petitioner's appraisal expert on the ground that petitioner had failed to overcome the presumption...

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