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MATTER OF DeNICOLA v. DIAMANTE

212 A.D.2d 701 (1995)

622 N.Y.S.2d 789

In the Matter of Eugene L. DeNicola, Appellant, v. Frank Diamante, as Assessor of The Town of Islip, Respondent

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

February 21, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

RPTL 485-b (1) provides, in relevant part, an exemption from town and school district taxes for real property which has been "constructed, altered * * * or improved * * * for the purpose of commercial, business or industrial activity". However, under RPTL 485-b (7), a town or school district may "opt out" of RPTL 485-b (1) by reducing or eliminating...

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