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MATTER OF NYCO MINERALS, INC. v. TOWN OF LEWIS

42 A.D.3d 841 (2007)

840 N.Y.S.2d 460

In the Matter of NYCO MINERALS, INC., Respondent, v. TOWN OF LEWIS et al., Appellants, et al., Respondents. (And Two Other Related Proceedings.)

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

Decided July 26, 2007.

Lahtinen, J.

In an earlier appeal by petitioner pertaining to three tax years in the 1990s, we upheld Supreme Court's dismissal of petitioner's challenges to its assessed value finding that, under the unique circumstances and given the nature of the property, the court appropriately looked to the income approach as reflected by royalty capitalization and found petitioner's proof of valuation insufficient (Matter of NYCO Mins. v Town of Lewis,

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