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ROTH v. CITY OF SYRACUSE

No. 110

21 N.Y.3d 411 (2013)

995 N.E.2d 123

972 N.Y.S.2d 161

2013 NY Slip Op 4271

In the Matter of NORMAN E. ROTH et al., Appellants, v. CITY OF SYRACUSE et al., Respondents. (And Other Proceedings.)

Court of Appeals of New York.

Decided June 11, 2013.

Attorney(s) appearing for the Case

Hancock Estabrook, LLP, Syracuse ( Alan J. Pierce of counsel), for appellants.

D.J. & J.A. Cirando, Esqs., Syracuse ( John A. Cirando , Bradley E. Keem and Elizabeth deV. Moeller of counsel), and Mary Anne Doherty , Corporation Counsel ( Shannon M. Jones of counsel) for respondents.

New York State Conference of Mayors and Municipal Officials, Albany ( Jane E. Tsamardinos of counsel), and Association of Towns of the State of New York ( Michael E. Kenneally, Jr. , of counsel) for New York State Conference of Mayors and Municipal Officials and another, amici curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH and PIGOTT concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

RIVERA, J.

In this Real Property Tax Law article 7 proceeding challenging the tax assessments of certain residential properties located in Syracuse, New York, petitioner contends that the trial court erred by failing to consider the impact of contamination — specifically, lead paint — upon the market value of the properties. We hold that petitioner failed to rebut the presumption of validity that attaches to the tax assessments...

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