Legal Opinion

Garth v. Assessors of Perinton

Appellate Division of the Supreme Court of the State of New York

Decided September 30, 2011PublishedCited by 7 opinions

1Opinion of the Court

Memorandum:

Petitioners commenced this proceeding pursuant to CPLR article 78 and title 1 of RPTL article 7 seeking, inter alia, to annul the determination of the Hearing Officer in the small claims assessment review (SCAR) proceeding denying their petition seeking to reduce their real property assessment. Supreme Court concluded that, by electing to file a SCAR petition, petitioners waived their right to commence a tax review proceeding pursuant to title 1 of RPTL article 7 (see RPTL 736 [1]; Matter of Yee v Town of Orangetown, 76 AD3d 104, 109 [2010]). Petitioners have not raised any…

2Cases cited4 opinions

  1. Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
  2. Montgomery v. Board of Assessment ReviewAppellate Division of the Supreme Court of the State of New York · 2006
  3. Brimberg v. Commissioner of FinanceAppellate Division of the Supreme Court of the State of New York · 2007
  4. Katz v. AssessorNew York Supreme Court · 1986

3Cited by7 opinions

  1. Dodge v. KrulAppellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Cedrone v. City of Fulton Assessor's Off.Appellate Division of the Supreme Court of the State of New York · 2023
  3. BASSETT, J. THOMAS v. TOWN OF MANLIUSAppellate Division of the Supreme Court of the State of New York · 2016
  4. Bassett v. Town of ManliusAppellate Division of the Supreme Court of the State of New York · 2016
  5. Bassett v. Town of ManliusAppellate Division of the Supreme Court of the State of New York · 2016

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