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MATTER OF BOFFA v. ASSESSOR AND BOARD OF ASSESSMENT REVIEW OF THE CITY OF MIDDLETOWN

2015-08926, Index No. 5989/12.

154 A.D.3d 934 (2017)

2017 NY Slip Op 07438

63 N.Y.S.3d 451

In the Matter of ANTONIO BOFFA, SR., Respondent, v. ASSESSOR AND BOARD OF ASSESSMENT REVIEW OF THE CITY OF MIDDLETOWN et al., Appellants.

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

Decided October 25, 2017.

Ordered that the judgment is reversed, on the law and the facts, with costs, the petition is denied, and the proceeding is dismissed.

"[A] property valuation by the tax assessor is presumptively valid .... However, when a petitioner challenging the assessment comes forward with `substantial evidence' to the contrary, the presumption disappears" (Matter of FMC Corp. [Peroxygen Chems. Div.] v Unmack,

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