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MATTER OF NIAGARA MOHAWK POWER CORP. v. ASSESSOR OF TOWN OF GEDDES

254 A.D.2d 681 (1998)

678 N.Y.S.2d 422

In the Matter of Niagara Mohawk Power Corporation, Respondent, v. Assessor of Town of Geddes, Respondent, and Town of Geddes, Appellant

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

October 2, 1998

Upon remittitur from the Court of Appeals, order and judgment unanimously affirmed with costs.

Memorandum:

Contrary to our prior determination on the appeal in this tax certiorari proceeding (see, Matter of Niagara Mohawk Power Corp. v Assessor of Town of Geddes, 239 A.D.2d 911), the Court of Appeals has held that, with respect to four of its properties, petitioner raised a genuine factual issue whether the...

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