Matter of Giotto v Smith
2004 NY Slip Op 05080 [8 AD3d 1133]
Decided on June 14, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PINE, J.P., HURLBUTT, GORSKI, MARTOCHE, AND LAWTON, JJ.

911 CA 03-02647

[*1]MATTER OF FRANK GIOTTO AND KRISTINE GIOTTO, PETITIONERS-RESPONDENTS, ORDER

v

PAUL SMITH, ASSESSOR OF TOWN OF NEW HARTFORD, AGENT OF BOARD OF ASSESSMENT REVIEW, RESPONDENT-APPELLANT.



Appeal from an order of the Supreme Court, Oneida County (Robert F. Julian, J.), entered April 22, 2003 in a proceeding pursuant to RPTL article 17. The order granted the petition to review the assessment on a parcel of petitioner's real property.


FELT EVANS, LLP, CLINTON (ANTHONY G. HALLAK OF COUNSEL), FOR RESPONDENT-APPELLANT.
MURRAY J.S. KIRSHTEIN, UTICA, FOR PETITIONERS-RESPONDENTS.



It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court