987 Stewart Avenue Corp. v. Board of Assessors of County of Nassau
Opinion of the Court
Appeal by the Board of Assessors of the County of Nassau from an order and judgment (one paper) of the Supreme Court, Nassau County (Meade, J.), entered September 27, 1978, which, inter alia, applied, purportedly pursuant to the parties’ stipulation, State equalization rate ratios for the tax years 1970/1971 through 1977/1978, with resultant reductions in assessments for the tax years 1970/1971, 1971/1972, 1973/1974, 1974/1975, 1975/1976, 1976/1977, 1977/1978 (1972/1973 was withdrawn). Order and judgment modified, on the law, by vacating the reductions in assessment for the tax years 1974/1975,1975/1976, 1976/1977 and 1977/1978 and by deleting the fourth decretal paragraph (which directed, inter alia, that the amount of the overassessment for the 1977/1978 tax year shall be determined by applying to the market value found by the court the ratio to be established by the State Board of Equalization and Assessment for that tax year). As so modified, order and judgment affirmed, without costs or disbursements, and matter remitted to Special Term for a determination of petitioner’s overassessment claim for the tax years 1974/1975,1975/1976,1976/1977 and 1977/1978, in accordance with the written stipulation of the parties, dated October, 1977, and for the entry of an appropriate amended order and judgment in accordance herewith. The parties’ written stipulation (dated Oct., 1977) provided authorization to Special Term to find market values and assessments for the tax years 1965/1966 through 1973/1974 based on the ratios adjudicated for those years in 860 Executive Towers v Board of Assessors of County of Nassau (84 Misc 2d 525, affd 53 AD2d 463) should our order therein be affirmed. On December 15,1977, prior to the date of Special Term’s decision (June 16, 1978) and entry of the order and judgment (Sept. 27,1978), the Court of Appeals affirmed our order (sub nom. Pierre Pellaton Apts. v Board of Assessors of County of Nassau, 43 NY2d 769). Accordingly, Special Term found that reductions in assessment were war
Case-law data current through December 31, 2025. Source: CourtListener bulk data.