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MATTER OF PINELAWN CEMETERY, INC. v. BOARD OF ASSESSORS AND BOARD OF ASSESSMENT REVIEW OF TOWN OF BABYLON

300 A.D.2d 492 (2002)

752 N.Y.S.2d 95

In the Matter of PINELAWN CEMETERY, INC., Respondent, v. BOARD OF ASSESSORS AND BOARD OF ASSESSMENT REVIEW OF TOWN OF BABYLON et al., Appellants.

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

Decided December 16, 2002.

Ordered that the judgment is reversed, on the facts, with costs, the petition is denied, and the assessment of the petitioner's real property is reinstated.

The subject property consists of a 225-acre tract of land within the Town of Babylon. Before 1995 the property was vacant and assessed on the rolls of the Town as "cemetery exempt" (RPTL 446). Some time during the year 1995, permits were obtained for the construction of a golf course on the subject property, the...

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