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IN THE MATTER OF AES SOMERSET, LLC v. TOWN OF SOMERSET

24 A.D.3d 1263 (2005)

808 N.Y.S.2d 849

In the Matter of AES SOMERSET, LLC, as Operator of Property Owned by V-KINTIGH FACILITY TRUST, Appellant, v. TOWN OF SOMERSET et al., Respondents.

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

December 22, 2005.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner commenced this hybrid CPLR article 78/RPTL article 7 proceeding challenging the assessment placed on petitioner's property on the 2004 tax rolls. Supreme Court properly dismissed the petition to the extent that petitioner sought review of its tax assessment pursuant to CPLR article 78. "[U]nless it is asserted that the...

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