Benson v. Town of Saugerties
Opinion of the Court
—Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Ulster County) to review a determination which denied petitioner’s application for a reduction in her real property tax assessment.
It is the taxpayer’s burden to make out a prima facie case that a tax assessment is erroneous (Matter of General Motors Corp. Cent. Foundry Div. v Assessor of Town of Massena, 146 AD2d 851, lv denied 74 NY2d 604). Here, having found, inter alia, that two of the sales upon which petitioner’s expert relied in preparing his appraisal were not comparable to the subject property, the Hearing Officer properly rejected the appraisal report (see, supra). Therefore, insofar as petitioner
Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.