PLEASANT VAL. v. REAL PROP BD


253 A.D.2d 8 (1999)

685 N.Y.S.2d 74

In the Matter of Town of Pleasant Valley, Respondent, v. New York State Board of Real Property Services, Appellant

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

January 19, 1999


Attorney(s) appearing for the Case

Eliot L. Spitzer, Attorney-General, New York City (M. Kevin Coffey of counsel), for appellant.

Quatararo & Quatararo, Poughkeepsie (Richard Olson of counsel), and Segel, Goldman & Mazzotta, Albany (Paul J. Goldman of counsel), for respondent. (One brief filed.)

MILLER, J. P., and LUCIANO, J., concur with FRIEDMANN, J.; RITTER and ALTMAN, JJ., concur in part and dissent in part in a separate opinion by RITTER, J.


FRIEDMANN, J.

On this appeal we are asked to determine whether the quantity and character of discovery permitted in a proceeding pursuant to CPLR article 78 to review the equalization rates imposed on a municipality by the State differ from the discovery allowed in a tax certiorari proceeding pursuant to RPTL article 7. We conclude that the standards for discovery in a CPLR article 78 proceeding commenced pursuant...

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