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MATTER OF FOURTH GARDEN PARK v. BOARD OF ASSESSORS

2017-08149. Index Nos. 22527/09, 21540/10, 17515/11, 20319/12, 61885/13, 65374/14, 607447/15, 609766/16.

192 A.D.3d 1104 (2021)

141 N.Y.S.3d 331

2021 NY Slip Op 01975

In the Matter of Fourth Garden Park, Respondent-Appellant, v. Board of Assessors and/or the Assessor of the Town of Riverhead et al., Appellants-Respondents.

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

Decided March 31, 2021.

Attorney(s) appearing for the Case

Scott DeSimone P.C., Peconic, NY, for appellants-respondents.

Goldman Attorneys, PLLC, Albany, NY ( Paul J. Goldman and Erika C. Browne of counsel), for respondent-appellant.

Dillon, J.P., LaSalle, Barros and Connolly, JJ., concur.

Ordered that the order is modified, on the law and the facts, (1) by deleting the provision thereof denying that branch of the motion of the Board of Assessors and/or the Assessor of the Town of Riverhead and the Board of Assessment Review which was to dismiss the proceeding relating to tax year 2009/2010 as abandoned pursuant to RPTL 718, and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provision thereof granting that branch...

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