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KARLIN FARMS v. ASSESSORS

197 A.D.2d 32 (1994)

In the Matter of Karlin Farms, Respondent, v. Board of Assessors of the Town of Riverhead et al., Appellants

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

April 11, 1994

Attorney(s) appearing for the Case

Smith, Finkelstein, Lundberg, Isler & Yakaboski, Riverhead (Francis J. Yakaboski and Dawn C. Thomas of counsel), for appellants.

Charles R. Cuddy, Riverhead, for respondent.

Robert L. Beebe, Albany, for New York State Board of Equalization and Assessment, amicus curiae.

THOMPSON, J. P., BRACKEN and SANTUCCI, JJ., concur.

BALLETTA, J.

On this appeal, we are asked to determine the proper interpretation and application of Agriculture and Markets Law § 306 pertaining to the tax assessment of land which lies outside the boundaries of an agricultural district but which is still used for agricultural production. Specifically, the question has arisen as to when such land loses its special agricultural status for assessment purposes...

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