SHORT FORM ORDER SUPREME COURT-NEW YORK STATE-NASSAU COUNTY PRESENT: HON. ANTHONY L. PARGA JUSTICE

Similar documents
Matter of Moore v City of N.Y NY Slip Op 30164(U) January 23, 2013 Supreme Court, New York County Docket Number: /12 Judge: Peter H.

Matter of Lewis County 2012 NY Slip Op 33565(U) October 18, 2012 Supreme Court, Lewis County Docket Number: Judge: Charles C.

HOME INSURANCE COMPANY and

NYS BOARD OF REAL PROPERTY SERVICES RP-467-Ins (8/06)

NYS BOARD OF REAL PROPERTY SERVICES

FILED: NEW YORK COUNTY CLERK 04/11/ :27 PM INDEX NO /2017 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/11/2017

Matter of th St. LLC v City of New York 2017 NY Slip Op 32216(U) October 3, 2017 Supreme Court, Queens County Docket Number: 803/17 Judge:

State of New York Supreme Court, Appellate Division Third Judicial Department

Matter of Maichin 2016 NY Slip Op 32159(U) September 29, 2016 Surrogate's Court, Nassau County Docket Number: /D Judge: Margaret C.

FILED: QUEENS COUNTY CLERK 10/10/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/10/2013

At the 11 th Hour : Saving Homes From Property Tax Foreclosure in NYS. RPTL Article 11 Foreclosures. August 26, 2015.

FILED: ERIE COUNTY CLERK 01/30/ :20 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/30/2017

Asciutto v New York City Empls. Retirement Sys NY Slip Op 30093(U) January 9, 2019 Supreme Court, Kings County Docket Number: /2018

Elevator Indus. Assn., Inc. v Stringer 2017 NY Slip Op 31043(U) May 15, 2017 Supreme Court, New York County Docket Number: /2016 Judge: Arlene

Public Adjustment Bureau, Inc. v Greater New York Mutual Insurance Co NY Slip Op 30293(U) March 16, 2006 Supreme Court, New York County Docket

State of N.Y. Mtge. Agency v Cliffcrest Hous. Dev. Fund Corp NY Slip Op 32575(U) December 4, 2016 Supreme Court, New York County Docket

Petitioner, Respondents. DEPOSING THE TAX ASSESSOR. The Petitioner, Congregation Sherith Yisroel Vilednik [ the

Intevenor-Respondent. Motion Date: For Review of a Tax Assessment under Article 7 of the Real Property Tax 4/10/09 Law.

State of New York Supreme Court, Appellate Division Third Judicial Department

Appeal Process Overview

Matter of Anzalone (Recco 2007 Family Trust) 2016 NY Slip Op 32025(U) July 1, 2016 Surrogate's Court, Nassau County Docket Number: A Judge:

Utica Mut. Ins. Co. v Government Empls. Ins. Co NY Slip Op 32428(U) September 13, 2011 Supreme Court, Nassau County Docket Number: 23395/09

State of New York Supreme Court, Appellate Division Third Judicial Department

State of New York Supreme Court, Appellate Division Third Judicial Department

: : : : : : : : : : : : : : : : : and the Affirmation of Janice I. Goldberg, Esq., in support of an Ex Parte Petition for an Order

COURT OF APPEALS THIRD APPELLATE DISTRICT HARDIN COUNTY PLAINTIFF-APPELLEE CASE NUMBER

% L-, J.S.C. 4, wore read on this motion mor Notice of MotionlOrder to Show Cause - Affidavits - Exhibits FILED

Commonwealth of Kentucky Court of Appeals

DECISION/ORDER Petitioner, Index No: -against /04. Motion Date: 4/25/07

State of New York Supreme Court, Appellate Division Third Judicial Department

CLERK OF COURT AMECOURTM BET'TY L. LUNN, ET AL., BTA CASE No

State of New York Supreme Court, Appellate Division Third Judicial Department

680 REALTY PARTNERS AND CRC REALTY CAPITAL CORP. - DECISION - 04/26/96

Fox v Baer 2010 NY Slip Op 31784(U) July 13, 2010 Sur Ct, Nassau County Docket Number: /D Judge: John B. Riordan Republished from New York

DECISION. DEPT. OF GENERAL SERVICES, THEATRES AND ARENAS, and the City and County of Denver, a municipal corporation, Agency. I.

QUESTIONS PRESENTED...1 PRELIMINARY STATEMENT...1 FACTS...2

SUPREME COURT - STATE OF NEW YORK COUNTY OF NASSAU - PART 17. Justice. Reply and Opposition to Cross-Motion... Reply Aff rmation...

NEW YORK S RESIDENTIAL MORTGAGE FORECLOSURE PROCESS. Western New York Law Center, Inc. Tanisha T. Bramwell, Esq.

Nocella v Fort Dearborn Life Ins. Co. of N.Y NY Slip Op 31311(U) May 17, 2010 Supreme Court, New York County Docket Number: Judge:

Country-Wide Ins. Co. v Excelsior Ins. Co NY Slip Op 32646(U) September 1, 2015 Supreme Court, New York County Docket Number: /2013

New York State Commr. of Taxation & Fin. v Wachovia Bank, N.A NY Slip Op 32122(U) August 3, 2010 Sup Ct, NY County Docket Number: /05

Seneca Ins. Co. v Related Cos., L.P NY Slip Op 30298(U) February 15, 2017 Supreme Court, New York County Docket Number: /12 Judge: Marcy

FILED: NEW YORK COUNTY CLERK 07/06/2011 INDEX NO /2011 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/06/2011

DOCKET NO. AP ) ) ) ) ORDER ) ) ) ) ) This case arises out of a Forcible Entry and Detainer Action that Appellee Rowell, LLC

SUPREME COURT - STATE OF NEW YORK. Plaintiff(s), Defendant(s).

Long Island New York Personal Injury and Accident Attorney Jeena Belil

CIRCUIT COURT ORDER/OPINION Stephine Gwin, Circuit Court Clerk

Merchant Cash & Capital, LLC v Yehowa Med. Servs., Inc NY Slip Op 31590(U) July 29, 2016 Supreme Court, Nassau County Docket Number:

FILED: NEW YORK COUNTY CLERK 05/31/ :49 PM INDEX NO /2017 NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 05/31/2018

PEGGY WARD CASE NO.: CVA LOWER COURT CASE NO.: 06-CC-3986 Appellant,

In the Matter of VIRGINIA KAISER, Petitioner, -against- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU

Allenby, LLC and HAYGOOD, LLC, Plaintiffs, against

Valley Forge Ins. Co. v Arch Specialty Ins. Co NY Slip Op 32320(U) November 22, 2016 Supreme Court, New York County Docket Number: /2015

COURT OF APPEAL FOR THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION [NUMBER] ) APPELLANT S MOTION TO Plaintiff and Respondent,

Saladino v Stewart & Stevenson Servs., Inc NY Slip Op 32531(U) September 16, 2011 Sup Ct, Nassau County Docket Number: 7427/11 Judge: Anthony

BACM Carle Place Off., LLC v HLP Old Country TIC LLC 2012 NY Slip Op 33710(U) August 7, 2012 Sup Ct, Nassau County Docket Number:

Matter of Kelly 2016 NY Slip Op 32055(U) September 21, 2016 Surrogate's Court, Nassau County Docket Number: /A Judge: Margaret C.

State of New York Supreme Court, Appellate Division Third Judicial Department

ARBITRATION AWARD. Anthony Alton, Esq. from Samandarov and Associates, P.C. participated in person for the Applicant

FILED: NEW YORK COUNTY CLERK 06/29/ :00 PM INDEX NO /2017 NYSCEF DOC. NO. 440 RECEIVED NYSCEF: 06/29/2018

- Unreported Opinion - Assessments and Taxation assessed real property purchased by Konstantinos Alexakis,

Lipton v Citibabes LLC 2011 NY Slip Op 32480(U) September 15, 2011 Supreme Court, New York County Docket Number: /2010 Judge: Eileen A.

State of New York Supreme Court, Appellate Division Third Judicial Department

In The Court of Appeals Fifth District of Texas at Dallas. No CV

State of New York Supreme Court, Appellate Division Third Judicial Department

COMMONWEALTH OF MASSACHUSETTS APPELLATE TAX BOARD. THOMAS E. KNATT v. BOARD OF ASSESSORS OF THE TOWN OF CONCORD

NYS BOARD OF REAL PROPERTY SERVICES

289 & 305 Associates LP v Blanco 2016 NY Slip Op 30000(U) January 4, 2016 Civil Court, New York County Docket Number: 70128/2015 Judge: Michael

TAX LITIGATION MEMORANDUM

Matter of DePaulis Enters. V Ltd. v Town of Clarkstown 2014 NY Slip Op 33469(U) November 17, 2014 Supreme Court, Rockland County Docket Number:

) ) ) ) ) ) ) ) ) ) ) ) NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

S07A1309, S07A1566. WOODHAM v. CITY of ATLANTA et al. (two cases). The State of Georgia instituted a bond validation proceeding under the

Transporation Ins. Co. v Main St. Am. Assur. Co NY Slip Op 30600(U) March 16, 2015 Sup Ct, Queens County Docket Number: /14 Judge: Carmen

Circuit Court for Frederick County Case No.: 10-C UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2017

HRH Constr., LLC v QBE Ins. Co NY Slip Op 30331(U) March 9, 2015 Supreme Court, New York County Docket Number: /2014 Judge: Cynthia S.

ARBITRATION AWARD. Hearing(s) held on 05/29/2015, 11/13/2015, 03/29/2016 Declared closed by the arbitrator on 10/27/2016

Sirius XM Radio Inc. v XL Specialty Ins. Co NY Slip Op 32872(U) November 7, 2013 Sup Ct, New York County Docket Number: /2013 Judge: O.

COURT OF APPEALS DELAWARE COUNTY, OHIO FIFTH APPELLATE DISTRICT : : : : : : : : : : :

Globex Intl., Inc. v Mago Foods LLC 2016 NY Slip Op 30096(U) January 14, 2016 Supreme Court, New York County Docket Number: /2013 Judge:

Kerry M. Wormwood v. Batching Systems, Inc., et al., No. 874, September Term, 1998 WORKERS COMPENSATION APPEALS TRANSMITTAL OF RECORD --

Matter of Hartford Cas. Ins. Co. v Helms 2015 NY Slip Op 32275(U) November 30, 2015 Supreme Court, New York County Docket Number: /15 Judge:

CAPITAL ONE, N.A., : NO Plaintiff : : CIVIL ACTION - LAW vs. : : JEFFREY L. and TAMMY E. DIEHL, : : Petition to Open Judgment

State of New York Supreme Court, Appellate Division Third Judicial Department

SUPREME COURT - STATE OF NEW YORK IAS TERM. PART 19 NASSAU COUNTY. Justice

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No. 389 WDA 2012

STATE OF CONNECTICUT LABOR DEPARTMENT CONNECTICUT STATE BOARD OF LABOR RELATIONS

Pepper v GEICO Indem. Ins. Co NY Slip Op 31699(U) June 24, 2010 Supreme Court, Nassau County Docket Number: 15893/09 Judge: Denise L.

IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No ALTRUA HEALTHSHARE, INC., ) ) ) ) ) ) ) ) ) ) ) )

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIRST DISTRICT. Appellant, CASE NO. 1D vs. AHCA NO

Carbures Europe, S.A. v Emerging Mkts. Intrinsic Cayman Ltd NY Slip Op 33028(U) November 29, 2018 Supreme Court, New York County Docket Number:

Dorchester, L.L.C. v Herzka Ins. Agency, Inc NY Slip Op 30177(U) January 25, 2019 Supreme Court, Nassau County Docket Number: /16 Judge:

FILED: NEW YORK COUNTY CLERK 05/02/ :47 PM INDEX NO /2016 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/02/2016

COMMONWEALTH OF MASSACHUSETTS APPELLATE TAX BOARD. DIANE MARIE PAGANO v. BOARD OF ASSESSORS OF THE TOWN OF SWAMPSCOTT

New York City Sch. Constr. Auth. v New S. Ins. Co NY Slip Op 32867(U) November 7, 2018 Supreme Court, New York County Docket Number:

BOARD OF ASSESSMENT REVIEW OF NEW CASTLE COUNTY RULES OF PROCEDURE

2017 Salt Lake County Board of Equalization Administrative Rules

SUPREME COURT, APPELLATE DIVISION FIRST DEPARTMENT MARCH 27, 2014 THE COURT ANNOUNCES THE FOLLOWING DECISIONS:

FILED: NEW YORK COUNTY CLERK 01/25/2012 INDEX NO /2008 NYSCEF DOC. NO RECEIVED NYSCEF: 01/25/2012

Matter of Exclusive Ambulette Serv., Inc. v New York State Dept. of Health 2016 NY Slip Op 30738(U) March 29, 2016 Supreme Court, Queens County

Transcription:

--- --- ----- ----- - - ---- - --- - --- - -- ---- ----- - -- ---- - --- - - - - - - ----- - --- - --- - --- - ---- - ----- --- --- -- - ---- --- - - --- - )(...... SHORT FORM ORDER SUPREME COURT-NEW YORK STATE-NASSAU COUNTY PRESENT: HON. ANTHONY L. PARGA JUSTICE MARIL YN LEDERMAN, as owner of a life estate at 43 Wynsum Avenue, Merrick, NY 11566, MARILYN LEDERMAN, KEITH LEDERMAN, and MARK LEDERMAN, as owners 01'43 Wynsum Avenue Merrick, NY 11566 Petitioners PART 8 INDE)( NO. : 2158/11 XXX MOTION DATE: 07/20/11 SEQUENCE NO. 001 -against - NASSAU COUNTY, NASSAU COUNTY DEPARTMENT OF ASSESSMENT, NASSAU COUNTY ASSESSMENT REVIEW COMMISSION, TAMMI D. PERE, ESQ., in her capacity as NASSAU COUNTY ASSESSMENT REVIEW COMMISSION HEARING OFFICER Respondents Notice of Petition, Affs & Exs... Affirma tio n in Partial 0 p posi ti 0 n... Rep Iy Affi rma tio n......... """."... Upon the foregoing papers, Petitioners' application for an order compelling the Respondents to perform the duty of providing a hearing regarding the petitioners ' grievance of the denial of their tax exemptions, and compelling respondents to peri mll a hearing of the petitioners' grievance of the assessed value of their property based upon proper consideration of the evidence provided concerning its value, is denied to the extent directed below. The following facts are taken from pleadings and submitted papers and do not constitute findings of fact by this Court. Petitioner, Marilyn Lederman, is the owner and holder of a life estate in a residential property located at 43 Wynsum Avenue, Merrick, New York 11566. The life estate was granted

to her and her late husband, Jack Lederman. The petitioner, Keith Lederman, who also serves as the attorney of record for the petitioners herein, and the petitioner, Mark Lederman, are the children of Marilyn Lederman and are the owners and holders of the beneficial remainder interest in said residential propejiy. Petitioners contend that Marilyn Lcderman was and is entitled to the Tax Exemption f~)f Real Property of Senior Citizens, the Enhanced School Tax Relief STAR Exemption, or in thc alternative, the Basic STAR School Tax Relief Property Tax Reduction for the year 2010-2011. In January 2010, Marilyn Lederman was informed by the Nassau County Department of Assessment that her application for the Tax Exemption for Real Property of Senior Citizens and Enhanced School Tax Relief STAR Exemption for the tax year 2010-2011 was denied. The Nassau County Department of Assessment further denied her Basic STAR School Tax Relief Property Tax Reduction for the tax ycar 20 10-2011. The basis set forth in the denial Icttcr was that Marilyn Lederman had " multiple exemptions " because she owned a property in South Fallsburg, New York, for which she had already received an exemption. Marilyn Lederman coowns said "vacation property" in South Fallsburg with a co- tenant, Rafael Martinez, who she contends made an improper application for an exemption upon said property. Since the filing of the within application, petitioners have provided information regarding the South Fallsburg property to the Respondents, who do not oppose petitioners ' request regarding their entitlement to the Enhanced School Tax Relief STAR Reduction and the Tax Exemption for the Real Property of Senior Citizens for the 2010/2011 tax year. Upon receipt of said information, Respondents confirmed that Marilyn Lederman does not receive any tax exemptions from the Town of Fallsburg. As such, the Respondents have reviewed their initial position and have now determined that the Petitioners were entitled to both the Enhanced School Tax Relief STAR Reduction and the Tax Exemption for the Real Property of Senior Citizens for the 2010/2011 tax year on the propejiy located at 43 Wynsum Avenue, Merrick, New York. Accordingly, petitioncr s request for an order compelling the Respondents to conduct a hearing regarding said denial of their tax exemptions is denied as moot, and the Respondents are hereby directed to apply said exemptions to the Petitioners ' Merrick propeliy for the tax year 2010/2011. Pursuant to Article 78 of the CPLR, Petitioners additional1y seek a vacatur of the decision

issued by Nassau County Asscssment Review Commission hearing officer, Tammi D. Pere, Esq. on November 12 2010, after a small claims assessment ("SCAR") hearing was held on October 2010. Petitioner Marilyn Lederman challenged the assessed value of her home, and a SCAR hearing was held which was limited to hearing the tax assessment valuation grievance only. Hearing Officer Tammi D. Pere denied Petitioner s request for a reduction to the assessed value of the property. In her decision, she stated the following reasoning for her decision: The respondent, Nassau County s comparable (property) number four is located. 19 miles from the subject property, is the same property style as the subject property, was built the same year as the subject property, and has a sales date with four months of the Januar 2 2009 target sales date. In addition, said comparable was given adjustments for its difference of 6 square feet of gross living area, as well as for its difference of one bathroom to that of the subject property. It should be noted that the petitioner submitted into evidence four MLS work-ups. Two of these work-ups reflected that they had been bank owned. None of these work-ups indicated their proximity to the subject property. In addition, these work-ups were given no adjustments f~)r their differences to the su ject property. The petitioners have failed to show that the decision of SCAR Hearing Officer Pere was arbitrmy and capricious. Hearings held pursuant to the Small Claims Assessment Review procedure are to be conducted on an informal basis, and the hearing officer is vested with the discretion to consider a wide variety of sources and information. (Meirowitz v. Board (?t' Assessors 53 A.D.3d 549, 861 N.YS. 2d 414 (2d Dept. 2(08)). When a hearing officer determination is contested, the court's role is limited to ascertaining whether that determination has a rational basis, that is, whether it is not affected by an error of law or not arbitrary and capricious. (Meirowitz v. Board qf Assessors 53 A.D.3d 549, 861 N.YS.2d 414 (2d Dept. 2(08); Lauer v. Board of Assessors 51 A. 3d 926, 857 N. YS. 2d 724 (2d Dept. 2008); Gershon v. Nassau County Assessment Review Com 29 A.D. 3d 909 814 N.YS. 2d 549 (2d Dept. 2006); Barbera v. Assessor of Town of Pelham 278 A.D.2d 412 717 N.YS. 2d 366 (2d Dept. 2000); Scherbyn v. Wayne-Finger Lakes Board ( lco-op Ed. Services 77 N. 2d 753, 573 N. 2d 562 (1991); Pell v. Board qfeducation 34 N. Y.2d 222, 356 N.YS.2d 833 (1974)). Where a hearing has been held, a determination has been made, and the hearing officer has not acted "in excess of (her J jurisdiction, in violation of lawful procedure, arbitrarily, or in abuse of (her J discretionary

power " the determination must be confirmed. (Pel! v. Board of Education 34 N. Y2d 222, 356 YS.2d 833 (1974)). It is well settled that in a proceeding brought under Aliicle 78 of the CPLR, the function of this Court is only to see that a determination of an administrative body or officer was made in the manner prescribed by law (See, Laureano v. Kuhlmann 75 N. Y2d 141 550 N. 2d 437 (1990); Voelckers v. Guell 58 N. Y2d 170, 446 N. 2d 764 (1983). Generally, an administrative agency s determination requires deference in the area of its expertise (See, Rosen v. Public E11pl. Relations Bd. 72 N. Y2d 42, 47-526 N. 2d 25 (1998)). The standard of review in an Article 78 proceeding is "whether the agency determination was arbitrary and capricious or affected by an error oflaw. 753 573 N. E.2d 562 (1991)). (See, Scherbyn v. Wayne Finder Lakes 13d. of Coop. Educ. Services 77 N.Y2d In the instant matter, contrary to Petitioners' contentions, the respondent's proof of value and the petitioner s failure to indicate the proximity of the comparable properties to the subject property, their failure to make adjustments for the differences in the comparable properties to the subject property, and their submission of comparable properties that had been bank owned and sold accordingly, provided a rational basis for Hearing Officer Pere s determination. generally, Matter of Alled Corp. V Town ofcamilus 80 N. 2d 351 604 N. 2d 1348 (1 992)(the best evidence of value is a recent sale of the subject property between a seller under no complusion to sell and a buyer under no compulsion to buy); Krzyz v. Town oj'clijion Park 267 AD.2d 658 699 N. YS.2d 554 (3d Dpet. 1999)(the purchase of a property at a mortgage (See foreclosure auction may not always represent an arms ' length transaction). As the hearing offcer s determination was not affected by an error of law and was not arbitrary and capricious it shall not be vacated, and the petitioners ' application is hereby denied. (Gershon v. Nassau County Assessment Review Com 29 AD.3d 909, 814 N. YS.2d 549 (2d Dept. 2006)). Lastly, petitioners ' request for costs, disbursements, and attorneys ' fees is denied. RPTL 736; see also, Bellomo v. Board of Assessment Review, Town oj'mamakating, 185 (S' AD.2d 574, 586 N. YS. 2d 404 (3d Dept. 1992), leave to appeal denied 80 N. Y2d 761, 607 2d 817 (I 992); RPTL 733(1 )).

This constitutes the decision and Order of this Court. Dated: September 14, 2011 Cc: John CiampoIi, Esq. Nassau County Attorney Attn: Warren Dubitsky, Esq. One West Street Mineola, NY 11501 Law Office of Keith Scott Lederman 100 Ring Road West, Suite 214 Garden City, NY 11530 ENTERED SEP 1 S 2011 NASSAU COUNTY COUNTY CLERK' OFFICE