MATTER OF FINGER LAKES RY. CORP. v. CITY OF CANANDAIGUA

38 CA 19-01721.

195 A.D.3d 1374 (2021)

145 N.Y.S.3d 480

2021 NY Slip Op 03676

In the Matter of Finger Lakes Railway Corp., Appellant, v. City of Canandaigua et al., Respondents.

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

Decided June 11, 2021.


Attorney(s) appearing for the Case

D.J. & J.A. CIRANDO, PLLC, SYRACUSE ( JOHN A. CIRANDO OF COUNSEL), FOR PETITIONER-PLAINTIFF-APPELLANT.

BOYLAN CODE LLP, ROCHESTER ( J. MICHAEL WOOD OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS CITY OF CANANDAIGUA, ASSESSOR FOR CITY OF CANANDAIGUA, AND BOARD OF ASSESSMENT REVIEW FOR CITY OF CANANDAIGUA.

CHALIFOUX LAW, P.C., PITTSFORD ( SHEILA M. CHALIFOUX OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS TOWN OF CANANDAIGUA, ASSESSOR FOR TOWN OF CANANDAIGUA, BOARD OF ASSESSMENT REVIEW FOR TOWN OF CANANDAIGUA, TOWN OF GENEVA, ASSESSOR FOR TOWN OF GENEVA, BOARD OF ASSESSMENT REVIEW FOR TOWN OF GENEVA, TOWN OF HOPEWELL, ASSESSOR FOR TOWN OF HOPEWELL, BOARD OF ASSESSMENT REVIEW FOR TOWN OF HOPEWELL, TOWN OF MANCHESTER, ASSESSOR FOR TOWN OF MANCHESTER, BOARD OF ASSESSMENT REVIEW FOR TOWN OF MANCHESTER, TOWN OF PHELPS, ASSESSOR FOR TOWN OF PHELPS, BOARD OF ASSESSMENT REVIEW FOR TOWN OF PHELPS, VILLAGE OF PHELPS, VILLAGE OF SHORTSVILLE, VILLAGE OF CLIFTON SPRINGS AND COUNTY OF ONTARIO.

FERRARA FIORENZA PC, EAST SYRACUSE ( KATHERINE E. GAVETT OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS CANANDAIGUA CITY SCHOOL DISTRICT, GENEVA CITY SCHOOL DISTRICT, MANCHESTER-SHORTSVILLE CENTRAL SCHOOL DISTRICT, AND PHELPS-CLIFTON SPRINGS CENTRAL SCHOOL DISTRICT.

Present—Carni, J.P., Lindley, Curran, Troutman and Bannister, JJ.


It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to, inter alia, CPLR article 78, petitioner/plaintiff (petitioner) appeals from an order and judgment that granted respondents/defendants' motions pursuant to, inter alia, CPLR 3211(a)(7) seeking dismissal of the amended petition and complaint challenging the removal of certain tax exemptions from its properties. We affirm...

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