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In the Matter of the Board of Managers of French Oaks Condominium, Respondent,v.Town of Amherst, et al., Appellants, Williamsville Central School District, Intervenor-Respondent.

Brief

38 Cited authorities

  1. FMC Corp. v. Unmack

    92 N.Y.2d 179 (N.Y. 1998)   Cited 231 times

    92 N.Y.2d 179 699 N.E.2d 893, 677 N.Y.S.2d 269 In the Matter of FMC CORPORATION (PEROXYGEN CHEMICALS DIVISION), Appellant, v. David UNMACK, as Assessor of Town of Tonawanda, et al., Respondents, et al., Intervenor-Respondent. In the Matter of SOUTH SLOPE HOLDING CORP. et al., Appellants, v. BOARD OF ASSESSMENT REVIEW OF the TOWN OF JERUSALEM et al., Respondents. (Appeal No. 1.) In the Matter of SOUTH SLOPE HOLDING CORP. et al., Appellants, v. BOARD OF ASSESSMENT REVIEW OF the TOWN OF JERUSALEM et

  2. Wagman v. Bradshaw

    292 A.D.2d 84 (N.Y. App. Div. 2002)   Cited 121 times
    In Wagman v Bradshaw (292 AD2d 84, 91 [2d Dept 2002]), the Court held that the trial court "committed reversible error in permitting the plaintiff's expert, who presented the only medical testimony offered on the plaintiff's case-in-chief, to testify as to the interpretation of MRI films, as set forth in a written report of a nontestifying healthcare professional, for the truth of the matters asserted in the report."

  3. Chase Manhattan Bank, N.A. v. State

    103 A.D.2d 211 (N.Y. App. Div. 1984)   Cited 53 times   1 Legal Analyses
    In Chase Manhattan Bank v State of New York (103 AD2d 211), this Court held that property taken in condemnation must be valued as restricted in use by wetlands regulations, but that an owner who could prove a reasonable probability of successfully challenging the application of the regulations as an unconstitutional taking of its property would be entitled to an increment, representing the premium that a knowledgeable buyer would be willing to pay for a potential change to a more valuable use.

  4. People v. First American Corp.

    2011 N.Y. Slip Op. 8450 (N.Y. 2011)   Cited 15 times
    Treating compliance with OCC regulation 12 C.F.R § 34.44 as relevant to an appraisal service provider's compliance with Title XI of FIRREA

  5. Bialystock Bloom v. Gleason

    290 A.D.2d 607 (N.Y. App. Div. 2002)   Cited 21 times
    In Bialystock & Bloom v. Gleason, 290 AD2d 607, 610 (3d Dept 2002), the court indicated that when real estate comparables "required extensive adjustment" their "evidentiary value was diminished."

  6. Mulready v. Bd. of Real Estate

    2009 Me. 135 (Me. 2009)   Cited 11 times
    Holding that where an erroneous finding is not a basis for the court's opinion and the court supports its judgment with other sufficient evidence, the error is harmless

  7. In re of East Medical Center

    16 A.D.3d 1119 (N.Y. App. Div. 2005)   Cited 12 times

    CA 04-00483. March 18, 2005. Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (William R. Roy, J.), entered December 1, 2003 in a proceeding pursuant to RPTL article 7. The order and judgment reduced the tax assessments for the years 1999-2001 on petitioners' real property. Before: Hurlbutt, J.P., Smith, Pine, Lawton and Hayes, JJ. It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs. Memorandum:

  8. National Fuel Gas Supply v. Goodremote

    13 A.D.3d 1134 (N.Y. App. Div. 2004)   Cited 12 times

    CA 04-00121. December 30, 2004. Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered September 16, 2003 in a proceeding under the Eminent Domain Procedure Law. The order and judgment, among other things, determined the fair market value of the natural gas storage easements taken by petitioner. Before: Pigott, Jr., P.J., Green, Hurlbutt, Martoche and Hayes, JJ. It is hereby ordered that the order and judgment so appealed from be and the same

  9. Matter of Niagara Mohawk v. Town of Bethlehem

    225 A.D.2d 841 (N.Y. App. Div. 1996)   Cited 20 times
    In Bethlehem, supra, Mr. Sansoucy testified that it was his experience that the Handy Whitman Indices are unreliable to achieve cost since they do not take into account various soft costs.

  10. State v. Town of Thurman

    183 A.D.2d 264 (N.Y. App. Div. 1992)   Cited 22 times

    November 5, 1992 Appeal from the Supreme Court, Warren County, John G. Dier, J. Robert Abrams, Attorney-General, Albany (Daniel L. Smirlock and Nancy A. Spiegel of counsel), for appellant. Hancock Estabrook, Syracuse (William L. Allen, Jr., of counsel), for respondent. MERCURE, J. In each year from 1986 through 1990, petitioner commenced a proceeding pursuant to RPTL article 7 challenging the assessment by respondent's Board of Assessment Review on more than 120 Adirondack Forest Preserve parcels

  11. Section 5601 - Appeals to the court of appeals as of right

    N.Y. CPLR 5601   Cited 2,380 times

    (a) Dissent. An appeal may be taken to the court of appeals as of right in an action originating in the supreme court, a county court, a surrogate's court, the family court, the court of claims or an administrative agency, from an order of the appellate division which finally determines the action, where there is a dissent by at least two justices on a question of law in favor of the party taking such appeal. (b) Constitutional grounds. An appeal may be taken to the court of appeals as of right:

  12. Section 339-Y - Separate taxation

    N.Y. Real Prop. Law § 339-Y   Cited 30 times

    1. (a) With respect to all property submitted to the provisions of this article other than property which is the subject of a qualified leasehold condominium, each unit and its common interest, not including any personal property, shall be deemed to be a parcel and shall be subject to separate assessment and taxation by each assessing unit, school district, special district, county or other taxing unit, for all types of taxes authorized by law including but not limited to special ad valorem levies

  13. Section 581 - Assessment of residential cooperative, condominium and rental property

    N.Y. Real Prop. Tax Law § 581   Cited 17 times

    1. (a) Notwithstanding any other provision of law, real property owned or leased by a cooperative corporation or on a condominium basis shall be assessed for purposes of this chapter at a sum not exceeding the assessment which would be placed upon such parcel were the parcel not owned or leased by a cooperative corporation or on a condominium basis. (b) The provisions of paragraph (a) of this subdivision shall not apply to such real property classified within: (i) on and after January first, nineteen

  14. Section 202.59 - Tax assessment review proceedings in counties outside the City of New York; special rules

    N.Y. Comp. Codes R. & Regs. tit. 22 § 202.59   Cited 162 times

    (a) Applicability. This section shall apply to every tax assessment review proceeding brought pursuant to title 1 of article 7 of the Real Property Tax Law in counties outside the City of New York. (b) Statement of income and expenses. Before the note of issue and certificate of readiness may be filed, the petitioner shall have served on the respondent, in triplicate, a statement that the property is not income-producing, or a copy of a verified or certified statement of the income and expenses on

  15. Section 34.44 - Minimum appraisal standards

    12 C.F.R. § 34.44   Cited 14 times

    For federally related transactions, all appraisals shall, at a minimum: (a) Conform to generally accepted appraisal standards as evidenced by the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation, (www.appraisalfoundation.org), unless principles of safe and sound banking require compliance with stricter standards; (b) Be written and contain sufficient information and analysis to support the institution's decision

  16. Section 1106.1 - Appraisal standards

    N.Y. Comp. Codes R. & Regs. tit. 19 § 1106.1   Cited 11 times

    (a) Every appraisal assignment shall be conducted and communicated in accordance with the provisions and standards set forth in the 2024 edition of the UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE (USPAP). (b) The 2024 edition of the UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE (USPAP) is published by the Appraisal Foundation, which is authorized by the United States Congress as the source of appraisal standards. Copies may be obtained from: The Appraisal Foundation 1155 15th Street