MATTER OF CARRIAGE HOUSE MOTOR INN, INC. v. City of Watertown

136 A.D.2d 895 (1988)

In the Matter of Carriage House Motor Inn, Inc., Appellant,

v.

City of Watertown et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 29, 1988

All concur, except Callahan, J. P., and Balio, J., who dissent and vote to reverse and grant the petition in accordance with the following memorandum.

Present — Callahan, J. P., Doerr, Green, Balio and Davis, JJ.

Order affirmed without costs.

Memorandum:

In this appeal from an order dismissing the petition in a RPTL article 7 tax certiorari proceeding, petitioner argues that the…