Matter of Schomberg Plaza v Randolph Austin

Matter of Schomburg Plaza, Inc. v Austin 2004 NY Slip Op 05251 [8 AD3d 489] June 14, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2004

In the Matter of Schomburg Plaza, Inc, Respondent,
v
Randolph Austin et al., Appellants.

—[*1]In a proceeding pursuant to CPLR article 78 to review a determination of the Glen Cove Board of Assessment Review dated August 1, 2002, denying the petitioner's application for a tax exemption under Real Property Tax Law § 420-a, the appeal is from a judgment of the Supreme Court, Nassau County (McCabe, J.), entered June 3, 2003, which granted the petition and vacated the determination.

Ordered that the judgment is affirmed, with costs.

Under the particular circumstances of this case, the Supreme Court properly determined that Schomburg Plaza, Inc., a subsidiary of the Nassau County Hispanic Foundation, was entitled to a tax exemption pursuant to Real Property Tax Law § 420-a. Ritter, J.P., Goldstein, Crane and Spolzino, JJ., concur.