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ELT HARRIMAN, LLC v. ASSESSOR OF TOWN OF WOODBURY

2012-09618

128 A.D.3d 201 (2015)

7 N.Y.S.3d 422

2015 NY Slip Op 03356

In the Matter of ELT HARRIMAN, LLC, Appellant, v. ASSESSOR OF TOWN OF WOODBURY et al., Respondents, and BOARD OF EDUCATION OF THE MONROE-WOODBURY CENTRAL SCHOOL DISTRICT, Intervenor-Respondent.

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

Decided April 22, 2015.

Attorney(s) appearing for the Case

Huff Wilkes LLP, Tarrytown ( David C. Wilkes and Joseph A. Danko of counsel), for appellant.

Tarshis, Catania, Liberth, Mahon & Milligram, PLLC, Newburgh ( Holly L. Reinhardt of counsel), for respondents.

Thomas, Drohan, Waxman, Petigrow & Mayle, LLP, Hopewell Junction ( Daniel Petigrow and David H. Strong of counsel), for intervenor-respondent.

DICKERSON, COHEN and DUFFY, JJ., concur.

OPINION OF THE COURT

This appeal presents the first occasion for an appellate court to address whether the three-year moratorium on tax certiorari proceedings under RPTL 727 (1) is unconstitutional when applied to a successor property owner. For the reasons set forth below, we find that the moratorium is binding and not unconstitutional...

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