Consolidated Edison Co. of New York, Inc. v. State Board of Equalization & Assessment

Mikoll, J. (concurring in part and dissenting in part).

We respectfully dissent from so much of the majority’s decision as denies petitioner’s motion to file supplemental appraisal reports. In our view, Special Term (101 Mise 2d 910) did not abuse its discretion in permitting the filing of these reports (Matter of City of Troy v Board of Assessors, Town of Pittstown, 53 AD2d 794). Considering all of the circumstances, adequate proof of good cause for the admission of the supplemental reports is found in the record. The petitioner public utility instituted 168 proceedings to determine the…