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GORDON v. TOWN OF ESOPUS

No. 108

15 N.Y.3d 84 (2010)

931 N.E.2d 529

905 N.Y.S.2d 545

In the Matter of RICHARD E. GORDON et al., Appellants, v. TOWN OF ESOPUS et al., Respondents. (And Three Other Related Proceedings.)

Court of Appeals of New York.

Decided June 15, 2010.

Attorney(s) appearing for the Case

Van DeWater & Van DeWater, LLP, Poughkeepsie ( David D. Hagstrom of counsel), for appellants.

Peter F. Matera , West Park, for respondents.

Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

This appeal concerns whether land certified by the Department of Environmental Conservation (DEC) as managed forest land under Real Property Tax Law § 480-a is to be assessed as vacant land or as forest land.

Taxpayer petitioners commenced tax review proceedings against the Town of Esopus, its Assessor, and its Board of Assessment Review (collectively...

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