MATTER OF TURDO v. ASSESSOR OF THE TOWN OF VESTAL

533289, 533290.

205 A.D.3d 1102 (2022)

168 N.Y.S.3d 155

2022 NY Slip Op 03036

In the Matter of Louis Turdo Jr., Appellant, v. Assessor of the Town of Vestal, New York, et al., Respondents. (And Another Related Proceeding.).

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

Decided May 5, 2022.


Attorney(s) appearing for the Case

Hinman, Howard & Kattell, LLP, Binghamton ( Paul T. Sheppard of counsel), for appellant.

Law Office of David S. Berger, Vestal ( David S. Berger of counsel), for respondents.

Garry, P.J., Lynch, Aarons and Ceresia, JJ., concur.


Petitioner is the owner of real property in the Town of Vestal, Broome County. In 2015, petitioner and Up State Tower Co., LLC (hereinafter UST) entered into a land use agreement wherein UST leased a portion of the property to install various telecommunications equipment. In October 2018, UST erected a 150-foot cellular phone tower...

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