Matter of Fifty-Sixty Saginaw Realty, LLC v Assessor of Town of Henrietta
2008 NY Slip Op 05232 [52 AD3d 1275] [52 AD3d 1275]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


In the Matter of Fifty-Sixty Saginaw Realty, LLC, Respondent, v Assessor of Town of Henrietta et al., Appellants. (Appeal No. 1.)

—[*1] McConville, Considine, Cooman & Morin, P.C., Rochester, Jason S. DiPonzio, P.C. (Jason S. DiPonzio of counsel), for respondents-appellants.

Davidson Fink LLP, Rochester (Thomas A. Fink of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered May 15, 2007 in a proceeding pursuant to RPTL article 7. The order, following a nonjury trial, inter alia, granted the petition and reduced the real property tax assessments with respect to two parcels of property.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Martoche, J.P., Smith, Centra, Lunn and Pine, JJ.