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IN THE MATTER OF 194 MAIN, INC. v. BOARD OF ASSESSORS

2010-05262, 2010-05264, 2010-05266

91 A.D.3d 876 (2012)

936 N.Y.S.2d 700

2012 NY Slip Op 523

In the Matter of 194 MAIN, INC., Respondent, v. BOARD OF ASSESSORS et al., Appellants.

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

Decided January 24, 2012.

Ordered that the orders are affirmed, with one bill of costs.

The Supreme Court properly determined that the petitioner's property should be reclassified from class four to class one (see RPTL 1802 [1]). The subject property is situated in a residential zone, and the petitioner's application for a variance to use the property commercially was denied. Under these circumstances, the property should be taxed as class one vacant land (see RPTL 1802 [1] ...

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