Matter of FFT Senior Communities, Inc. v Town of Canandaigua

Matter of FFT Senior Communities, Inc. v Town of Canandaigua 2014 NY Slip Op 06399 Decided on September 26, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 26, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
857 CA 13-01754

[*1]THE ASSESSMENTS BY FFT SENIOR COMMUNITIES, INC., PETITIONER-RESPONDENT,

v

TOWN OF CANANDAIGUA AND BOARD OF ASSESSMENT REVIEW FOR TOWN OF CANANDAIGUA, COUNTY OF ONTARIO, RESPONDENTS-APPELLANTS.

Appeal from an order of the Supreme Court, Ontario County (Matthew A. Rosenbaum, J.), entered June 17, 2013 in a proceeding pursuant to RPTL article 7. The order, among other things, granted petitioner's motion seeking to establish the value of its property for three assessment dates.

LACY KATZEN LLP, ROCHESTER (JOHN T. REFERMAT OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

BIERSDORF & ASSOCIATES, P.A., MINNEAPOLIS, MINNESOTA (DAN BIERSDORF OF COUNSEL), FOR PETITIONER-RESPONDENT.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: September 26, 2014

Frances E. Cafarell

Clerk of the Court