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MILL RIV. v. BD. ASSESSORS

48 A.D.3d 169 (2007)

847 N.Y.S.2d 670

In the Matter of MILL RIVER CLUB, Appellant, v. BOARD OF ASSESSORS et al., Respondents.

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

December 18, 2007.

Attorney(s) appearing for the Case

Jaspan Schlesinger Hoffman LLP, Garden City (Jon N. Santemma, Stanley Harwood, Andrew G. Cangemi, Arthur K. Feldman, Jay M. Herman, Michael R. Martone and Ronald C. Santopadre of counsel), for appellant.

Lorna B. Goodman, County Attorney, Mineola (Dennis J. Saffran and Berkman, Henock, Peterson & Peddy [Robert T. Bloom] of counsel), for respondents.

SCHMIDT, J.P., GOLDSTEIN and LIFSON, JJ., concur.

OPINION OF THE COURT

FISHER, J.

This appeal involves consolidated tax certiorari proceedings challenging the assessments, for the tax years 1997/1998 through 2005/2006, of four adjacent parcels of land located in Upper Brookville, owned and operated by the petitioner as a private, not-for-profit golf course and country club. Among the questions presented is whether the Supreme Court erred in refusing to use a "tax-loaded" capitalization rate when it employed...

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