Matter of Town of Mount Kisco v New York State Bd. of Real Prop. Servs.
2005 NY Slip Op 08733 [23 AD3d 486]
November 14, 2005
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 18, 2006


In the Matter of Town of Mount Kisco, Petitioner,
v
New York State Board of Real Property Services, et al., Respondents.

[*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 June 10, 2003, which established a final state equalization rate for the 2002 assessment roll of the Town of Mount Kisco.

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 Eastchester v New York State Bd. of Real Prop. Servs. (AD3d — [decided herewith]). Florio, J.P., Schmidt, Santucci and Luciano, JJ., concur.