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IN THE MATTER OF UNITED CHURCH RESIDENCES OF FREDONIA, NEW YORK, INC. v. NEWELL

10 N.Y.3d 922 (2008)

892 N.E.2d 392

862 N.Y.S.2d 327

In the Matter of UNITED CHURCH RESIDENCES OF FREDONIA, NEW YORK, INC., Doing Business as CONCORD ESTATES, Appellant, v. ROGER NEWELL, as Assessor of the Town of Pomfret, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 26, 2008.

Attorney(s) appearing for the Case

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (David R. Pfalzgraf, Jr., of counsel), for appellant.

Foley, Foley & Passafaro, Dunkirk (Jeffrey G. Passafaro of counsel), for respondents.

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

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be reversed, with costs, and the order of Supreme Court reinstated.

On these facts, the Appellate Division erred in determining that petitioner's receipt of United States Department of Housing and Urban Development subsidies, raising the rent received for their low-income housing units for the elderly to the equivalent of market rates, removed them from RPTL 420-a tax exemption...

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