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IN THE MATTER OF RYE v. NEW YORK STATE BOARD OF REAL PROPERTY SERVICES

10 N.Y.3d 793 (2008)

886 N.E.2d 768

857 N.Y.S.2d 7

In the Matter of TOWN OF RYE et al., Appellants, v. NEW YORK STATE BOARD OF REAL PROPERTY SERVICES et al., Respondents.

Court of Appeals of the State of New York.

Decided March 20, 2008.

Attorney(s) appearing for the Case

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains (Gregory Spaun, Brian T. Belowich and Michael J. Schwarz of counsel), for appellants.

Andrew M. Cuomo, Attorney General, New York City (Cecelia Chang, Barbara D. Underwood and Michael S. Belohlavek of counsel), for New York State Board of Real Property Services, respondent.

Huff Wilkes LLP, Tarrytown (John J. Loveless of counsel), for City of Rye, respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Town of Rye and a Town of Rye taxpayer commenced this CPLR article 78 proceeding to challenge the State Board of Real Property Services' decision not to establish a segment-special equalization rate for the City of Rye. Judicial review of state equalization rates is governed by section 1218 of the Real...

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