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MTR OF HIGHBRIDGE v. ASSESSOR

No. 49

27 N.Y.3d 450 (2016)

54 N.E.3d 50

34 N.Y.S.3d 378

2016 NY Slip Op 03544

In the Matter of HIGHBRIDGE BROADWAY, LLC, Appellant, v. ASSESSOR OF THE CITY OF SCHENECTADY, Respondent. SCHENECTADY CITY SCHOOL DISTRICT, Nonparty Respondent.

Court of Appeals of New York.

Decided May 5, 2016.

Attorney(s) appearing for the Case

Brian D. Mercy PLLC, Schenectady (Brian D. Mercy of counsel), for appellant.

Whiteman Osterman & Hanna LLP, Albany (Jonathan P. Nye and Vitaliy Volpov of counsel), for Schenectady City School District, respondent.

Timothy G. Kremer, New York State School Boards Association, Latham (Jay Worona and Shubh Nigam McTague of counsel), for New York State School Boards Association, amicus curiae.

Judges PIGOTT, RIVERA, ABDUS-SALAAM, FAHEY and GARCIA concur; Judge STEIN dissents and votes to affirm in an opinion.

OPINION OF THE COURT

The issue on this appeal is whether a taxpayer who files a petition challenging the amount of the 10-year business investment exemption under Real Property Tax Law § 485-b must file annual petitions while the initial petition is pending in...

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