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MATTER OF EXCELSIOR v. ASSESSOR TOWN OF AMHERST

954 CA 15-00280.

132 A.D.3d 1339 (2015)

17 N.Y.S.3d 378

2015 NY Slip Op 07356

In the Matter of EXCELSIOR, Appellant, v. ASSESSOR, TOWN OF AMHERST, et al., Respondents, and AMHERST CENTRAL SCHOOL DISTRICT, Intervenor-Respondent.

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

Decided October 9, 2015.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 17, 2014 in a proceeding pursuant to RPTL article 7. The order, among other things, denied the petition.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: We agree with petitioner that Supreme...

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