Matter of Walsh v Town of Allegany
2009 NY Slip Op 09791 [68 AD3d 1707]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


In the Matter of John Walsh et al., Respondents, v Town of Allegany, Appellant. (Proceeding No. 1.) In the Matter of John Walsh et al., Respondents,
v
Assessor of Town of Allegany et al., Appellants. (Proceeding No. 2.)

—[*1] Wendy A. Tuttle, Allegany, for respondents-appellants. Law Offices of J. Michael Shane, Allegany (J. Michael Shane of counsel), for petitioners-respondents.

Appeal from a judgment of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered December 9, 2008 in proceedings pursuant to CPLR article 78. The judgment, among other things, reduced the assessment on a parcel of real property owned by petitioners in the Town of Allegany.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Peradotto, Green and Gorski, JJ.