HORNELL CLUB v. ASSESSMENT BD


182 Misc.2d 687 (1999)

700 N.Y.S.2d 659

In the Matter of HORNELL COUNTRY CLUB, INC., Petitioner, v. TOWN OF HORNELLSVILLE BOARD OF ASSESSMENT REVIEW, Respondent.

Supreme Court, Steuben County.

November 16, 1999.


Attorney(s) appearing for the Case

Nugent & Schu, Hornell (Brian C. Schu of counsel), for petitioner.

Patrick F. McAllister, Town Attorney of Town of Hornellsville, Wayland, and Harter, Secrest & Emery L. L. P., Rochester (Edward F. Premo, II, of counsel), for respondent.


OPINION OF THE COURT

JOSEPH W. LATHAM, J.

INTRODUCTION

This may well be the first time a court has been asked to review a decision by a Board of Assessment Review (B.A.R.) in which the B.A.R. refused to ratify a stipulation entered into between the property owner and the town assessor.

The petitioner seeks mandamus relief pursuant to CPLR 7801 through 7804 in conjunction with review of the respondent's decision to not ratify the assessed...

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