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HOUS. DEV. FUND v. FIN. COMMR.

202 A.D.2d 115 (1994)

In the Matter of 78 South First Street Housing Development Fund Corporation, Appellant, v. Commissioner of Finance of City of New York et al., Respondents

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

September 12, 1994

Attorney(s) appearing for the Case

Rosenman & Colin, New York City (Gerald A. Rosenberg and Janet Ellis Meiman of counsel; Allison B. Sher on the brief), for appellant.

Paul A. Crotty, Corporation Counsel of New York City (Edith I. Spivack, Joseph I. Lauer and Judith R. Greenwald of counsel), for respondents.

Debevoise & Plimpton, New York City (Gary W. Kubek, William S. Adams and Shlomo Huttler of counsel), for Urban Homesteading Assistance Board, Inc., and another, amici curiae.

BALLETTA, J. P., SANTUCCI and KRAUSMAN, JJ., concur.

FLORIO, J.

In this tax certiorari proceeding, we are called upon to determine whether certain limited restrictions on the use and sale of the petitioner's property must be taken into account when valuing the property in order to determine its proper value for real estate tax purposes. We agree with the determination of the Supreme Court that these restrictions need not be taken into account when making such...

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