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MIRIAM OSBORN v. ASSESSOR

2008-05080.

80 A.D.3d 118 (2010)

909 N.Y.S.2d 493

In the Matter of MIRIAM OSBORN MEMORIAL HOME ASSOCIATION, Respondent-Appellant, v. ASSESSOR OF CITY OF RYE et al., Appellants-Respondents.

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

Decided October 12, 2010.

Attorney(s) appearing for the Case

Kristen K. Wilson , Interim Corporation Counsel, Rye, and DelBello DonnellanWeingarten Wise & Wiederkehr, LLP, White Plains, for Assessor of City of Rye and others, appellants-respondents.

McDermott Will & Emery LLP, New York City ( Robert A. Weiner , Lisa A. Linsky , and Daniel G. Vincelette, P.C., of counsel), for Rye City School District, appellant-respondent.

Cadwalader, Wickersham & Taft, LLP, New York City ( Brian T. McGovern , Matthew S. Fenster , and Benjamin Kraus of counsel), and Watkins & Watkins LLP, White Plains ( John E. Watkins, Jr. , and Liane V. Watkins of counsel), for respondent-appellant (one brief filed).

RIVERA, J.P., SANTUCCI and ENG, JJ., concur.

OPINION OF THE COURT

CHAMBERS, J.

On this appeal we are called upon to determine whether the denial of a 100% charitable use tax exemption and the grant of a partial hospital use tax exemption with respect to the real property of the petitioner, Miriam Osborn Memorial Home Association (hereinafter the Osborn), was proper. We are further asked to determine whether the valuation of the Osborn's real property was correct. We conclude that, although the Osborn...

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