Fiato v. Town of Guilderland

— Appeal from a judgment of the Supreme Court at Special Term (Prior, Jr., J.), entered October 30, 1981 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to declare petitioners’ property in the Town of Guilderland exempt from taxation to the extent permitted in section 485-b of the Real Property Tax Law, and to have such exemption entered upon the tax rolls of the Town of Guilderland. *800Petitioners commenced construction of a restaurant on or about October 1, 1979, on a site located in the Town of Guilderland (town). At that time the town…