Zappala v. Hann

— Order unanimously affirmed without costs. Memorandum: Petitioner appeals from an order denying his motion for a new trial in these tax certiorari proceedings on the ground of newly discovered evidence (CPLR 5015 [a] [2]). Petitioner challenged the tax assessments on the subject property for the tax years 1983-1987 (see, RPTL art 7). A trial was conducted before a Judicial Hearing Officer (JHO) in April, 1988, and the JHO’s decision, findings of fact and conclusions of law were issued in October, 1989. Supreme Court entered its order and judgment confirming the JHO’s decision that determined…