Matter of Fifty-Sixty Saginaw Realty, LLC v Assessor of Town of Henrietta
2008 NY Slip Op 05233 [52 AD3d 1276] [52 AD3d 1276]
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. 2.)

—[*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 July 16, 2007 in a proceeding pursuant to RPTL article 7. The order, inter alia, modified those parts of an order entered May 15, 2007 determining the fair market value of 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.