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MATTER OF MALBA COVE PROPS., INC. v. TAX APPEALS TRIB. OF THE STATE OF N.Y.

515156

113 A.D.3d 891 (2014)

978 N.Y.S.2d 429

2014 NY Slip Op 145

In the Matter of MALBA COVE PROPERTIES, INC., et al., Petitioners, v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK et al., Respondents.

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

Decided January 9, 2014.

Lahtinen, J.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Tax Law § 2016) to review a determination of respondent Tax Appeals Tribunal which sustained a real property transfer gains tax assessment imposed under Tax Law former article 31-B.

The City of New York was required by a consent decree entered into with the Department of Environmental Conservation to create a park on a 22-acre vacant waterfront parcel in

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