Board of Managers of Greens of North Hills Condominium v. Board of Assessors
Opinion of the Court
—In a proceeding pursuant to CPLR article 78, inter alia, to compel the appellants-respondents to comply with Nassau County Government Law § 603, the appeal is from a judgment of the Supreme Court, Nassau County (McGinity, J.), dated April 12, 1993, which (1) denied the appellants-respondents’ motion to dismiss the proceeding, and (2) after a nonjury trial, (a) declared illegal the assessment of one unit of the petitioners’ condominiums, known as Section 3, Block E, Lot 1074, Unit 27 on the Land and Tax Map for the County of Nassau, as set forth on the August 1,
Ordered that the judgment is reversed, on the law, and the petition is dismissed; and it is further,
Ordered that the cross appeal is dismissed, for failure to perfect the same in accordance with the rules of this Court; and it is further,
Ordered that the appellants-respondents are awarded one bill of costs.
The petitioner is the Board of Managers of a condominium comprised of 75 residential units located in Nassau County. The Board of Assessors of the County of Nassau assigned these units a classification of "A + 10% ” based upon published rules and regulations and the Residence Schedules Specifications (hereinafter the Specifications), which divide residential building classifications into five grades of "AA”, "A”, "BB”, "B”, and "C”. Although the petitioner’s original challenge was to the grade assigned to all 75 units, the parties stipulated at the trial that only the assessment of unit 27 was at issue in this case.
The petition alleged, inter alia, that (1) the appellants-respondents illegally assigned a grade of "A + 10% ” to the 75 condominiums, and that the grade should be changed to grade "B”, and (2) the appellants-respondents should be directed to comply with Nassau County Government Law § 603, because the rules and regulations for assessing property produced an inequitable and unscientific system. After the appellants-respondents submitted an answer which generally denied the allegations, they moved to dismiss the proceeding on the ground that the action was more properly brought pursuant to RPTL article 7. The Supreme Court determined that the petitioner should be permitted to adduce proof at the trial on the allegation of improper assessment practices, and it would thereafter determine whether the petitioner was entitled to the relief it sought.
Contrary to the determination of the Supreme Court, we find that the petition should have been dismissed upon the appellants-respondents’ motion. Ordinarily, challenges to assessments on the grounds that they are illegal, irregular, excessive, or unequal, are to be made in a certiorari proceeding under RPTL article 7 (see, Niagara Mohawk Power Corp. v City School Dist., 59 NY2d 262, 268; Hewlett Assocs. v City of New York, 57 NY2d 356, 363; Abrams v Long Is. Light. Co., 117 AD2d 764, 765; Matter of Sherrill v Simberkoff, 102 AD2d 892, 893). However, where the challenge is based upon the method employed in the assessment of several properties rather than the overvaluation or undervaluation of specific properties, a taxpayer may forego the statutory certiorari procedure and mount a collateral attack on the taxing authority’s action through either a declaratory judgment action or a proceeding pursuant to CPLR article 78 (see, Hewlett Assocs. v City of New York, supra, at 363; Matter of Dudley v Kerwick, 52 NY2d 542, 548-551; Matter of Krugman v Board of Assessors, 141 AD2d 175, 180; Matter of Sherrill v Simberkoff, supra, at 893; Samuels v Town of Clarkson, 91 AD2d 836, 837; Zinder v Board of Assessors, 66 Misc 2d 150, affd 38 AD2d 836).
In reviewing a taxpayer’s claim to determine whether this exception to the statutory procedure based upon the taxing authority’s methodology has been demonstrated, " '[m]ere allegations, unsupported by evidentiary matter, that the attack is on the methods employed rather than individual evaluations, are not enough to relieve plaintiffs of the obligation to pursue their relief via the provisions of Article 7 of the Real Property Tax Law’ ” (Matter of Krugman v Board of
Further, the proof at the trial was improperly related to the propriety of the assessment and a review of the assessors’ mental processes, observations, and judgments (see, Abrams v Long Is. Light. Co., supra, at 765). The allegation regarding noncompliance with section 603 was never supported by evidentiary proof (see, Abrams v Long Is. Light. Co., supra, at 765; cf., Matter of Averbach v Board of Assessors, supra, at 1151; New York Pub. Interest Research Group v Board of Assessment Review, supra, at 128).
The petitioner never specifically alleged that the appellants-respondents’ rules and regulations and specifications (1) failed to account for factors such as obsolescence, depreciation, and market value, (2) violated RPTL 305 (2), or (3) were facially invalid. As a result, the appellants-respondents were never provided with notice or an opportunity to be heard on these and other issues which were addressed by the Supreme Court, and never had the opportunity to make an appropriate record (see, Matter of Chasalow v Board of Assessors, 176 AD2d 800, 804; Matter of Davis v Perales, 151 AD2d 749, 752-753).
Accordingly, the proceeding should be dismissed (see, State Bd. of Equalization & Assessment v Kerwick, 72 AD2d 292, 301, affd 52 NY2d 557).
We have considered the parties’ remaining contentions and find that they are either without merit or rendered academic in light of the foregoing determination. Sullivan, J. P., Joy, Friedmann and Goldstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.