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MATTER OF PIER v. BD. OF ASSESSMENT REVIEW OF THE TOWN OF NISKAYUNA

209 A.D.2d 788 (1994)

617 N.Y.S.2d 1004

In the Matter of James B. Pier et al., Respondents, v. Board of Assessment Review of the Town of Niskayuna, Respondent, and Elin M. Howe, as Commissioner of The New York State Office of Mental Retardation and Developmental Disabilities, Proposed Intervenor-Appellant

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

November 3, 1994

Yesawich Jr., J.

At issue is whether the Commissioner of Mental Retardation and Developmental Disabilities should be permitted to intervene in a tax certiorari proceeding brought by petitioners, wherein they claim that the assessor improperly failed to take into consideration the decrease in their property's value allegedly caused by the proximity of a group home for the mentally disabled. The pertinent facts are set out in Supreme Court's decision (...

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