Matter of City of Yonkers v New York State Bd. of Real Prop. Servs. (2005 NY Slip Op 08710)

Matter of City of Yonkers v New York State Bd. of Real Prop. Servs.

2005 NY Slip Op 08710 [23 AD3d 463]

November 14, 2005

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Monday, April 3, 2006

In the Matter of City of Yonkers, Petitioner,
v
New York State Board of Real Property Services, Respondent.

—[*1]Proceeding pursuant to CPLR article 78 and RPTL 1218 to review a determination of the New York State Board of Real Property Services, dated July 22, 2003, which established a final state equalization rate for the 2002 assessment roll of the City of Yonkers.

Adjudged that the petition is granted, on the law and as a matter of discretion, with costs, the determination is annulled, and the matter is remitted to the New York State Board of Real Property Services for a new hearing and determination consistent with Matter of City of White Plains v New York State Bd. of Real Prop. Servs. (18 AD3d 549 [2005]) and Matter of Town of Mt. Kisco v New York State Bd. of Real Prop. Servs. (23 AD3d 486 [2005] [decided herewith]). Florio, J.P., Schmidt, Santucci and Luciano, JJ., concur.