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IN RE: SANGERTOWN SQUARE, L.L.C., PETITIONER–RESPONDENT -APPELLANT, v. ASSESSOR OF TOWN OF NEW HARTFORD, TOWN OF NEW HARTFORD AND NEW HARTFORD CENTRAL SCHOOL DISTRICT, RESPONDENTS–APPELLANTS–RESPONDENTS.
MEMORANDUM AND ORDER
Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered July 3, 2013. The order and judgment granted in part and denied in part the motion of petitioner to confirm the Referee's report and the cross motion of respondents to reject the Referee's report.
It is hereby ORDERED that the order and judgment so appealed from is unanimously modified on the law by granting the motion in its entirety and denying the cross motion in its entirety, and as modified the order and judgment is affirmed without costs.
Memorandum: Petitioner, the owner of a mall in New Hartford, commenced proceedings to challenge the real estate tax assessments on its property for the tax years 2007/2008, 2008/2009, and 2009/2010. A hearing was held before a Referee, who issued a report reducing the tax assessments for all three years. Petitioner moved pursuant to CPLR 4403 to confirm the report, and respondents cross-moved to reject it, in whole or in part. Supreme Court granted in part and denied in part both the motion and cross motion, and this appeal and cross appeal ensued.
Respondents further contend that the appraisal and testimony of petitioner's expert was unreliable because he failed to disclose the necessary facts, figures, and calculations that support his conclusion, in compliance with 22 NYCRR 202.59(g)(2). We reject that contention (cf. Matter of Board of Mgrs. of French Oaks Condominium v Town of Amherst, _ NY3d _, _ [May 1, 2014] ).
Frances E. Cafarell
Clerk of the Court
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Docket No: CA 13–01786
Decided: June 13, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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