Matter of Rite Aid Corp. v Huseby

Matter of Rite Aid Corp. v Huseby 2015 NY Slip Op 06050 Decided on July 10, 2015 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 July 10, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CARNI, SCONIERS, AND WHALEN, JJ.
356 CA 14-00961

[*1]IN THE MATTER OF RITE AID CORPORATION, PETITIONER-RESPONDENT,

v

TERIE HUSEBY, ASSESSOR, AND BOARD OF ASSESSMENT REVIEW OF TOWN OF IRONDEQUOIT, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)

DAVIDSON FINK LLP, ROCHESTER (THOMAS A. FINK OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

ROBERT L. JACOBSON, PITTSFORD, FOR PETITIONER-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered March 27, 2014 in proceedings pursuant to RPTL article 7. The order, among other things, granted the petition to the extent that it directed that the assessment rolls be corrected to reflect reduced assessed values determined by the court for tax years 2008/2009 through 2012/2013 and directed that the overpayment of taxes be refunded with costs.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same memorandum as in Matter of Rite Aid Corp. v Huseby ([appeal No. 2] ___ AD3d ___ [July 10, 2015]).

Entered: July 10, 2015

Frances E. Cafarell

Clerk of the Court