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MATTER OF DP FULLER FAMILY LP v. CITY OF CANANDAIGUA

520 CA 21-00102.

207 A.D.3d 1220 (2022)

172 N.Y.S.3d 550

2022 NY Slip Op 04497

In the Matter of DP Fuller Family LP, Appellant, v. City of Canandaigua et al., Respondents, et al., Respondent. (Appeal No. 1.)

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

BIERSDORF & ASSOCIATES, P.A., MINNEAPOLIS, MINNESOTA (RYAN R. SIMATIC OF COUNSEL), FOR PETITIONER-APPELLANT.

BOYLAN CODE, LLP, ROCHESTER (J. MICHAEL WOOD OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Present—Whalen, P.J., Smith, Peradotto and Winslow, JJ.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed.

Memorandum: Petitioner owns commercial property that is located within the nonparty Canandaigua City School District (School District) in Ontario County. Petitioner commenced proceedings against the taxing authority respondents pursuant to RPTL article 7 in July 2016 and July 2017 seeking review of the real property tax assessments for, respectively, the 2016 and 2017 tax years...

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