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MATTER OF SHOPPINGTOWN MALL NY LLC v. ASSESSOR OF TOWN OF DEWITT

762 CA 15-00284.

142 A.D.3d 1364 (2016)

38 N.Y.S.3d 466

In the Matter of SHOPPINGTOWN MALL NY LLC, Appellant, v. ASSESSOR OF TOWN OF DEWITT et al., Respondents. JAMESVILLE DEWITT CENTRAL SCHOOL DISTRICT, Intervenor-Respondent.

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

Decided September 30, 2016.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order dismissing the petition in this proceeding pursuant to RPTL article 7, petitioner contends that it may challenge the assessment as unconstitutional under the exception to RPTL 727 (1) set forth in Susquehanna Dev. v Assessor of City of Binghamton (185 Misc.2d 267 [2000]), and thus that Supreme...

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