FFT SENIOR COMMUNITIES, INC. v. TOWN OF CANANDAIGUA

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 857 CA 13-01754 PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. IN THE MATTER OF THE APPLICATION FOR A REVIEW UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW OF THE ASSESSMENTS BY FFT SENIOR COMMUNITIES, INC., PETITIONER-RESPONDENT, V ORDER TOWN OF CANANDAIGUA AND BOARD OF ASSESSMENT REVIEW FOR TOWN OF CANANDAIGUA, COUNTY OF ONTARIO, RESPONDENTS-APPELLANTS. LACY KATZEN LLP, ROCHESTER (JOHN T. REFERMAT OF COUNSEL), FOR RESPONDENTS-APPELLANTS. BIERSDORF & ASSOCIATES, P.A., MINNEAPOLIS, MINNESOTA (DAN BIERSDORF OF COUNSEL), FOR PETITIONER-RESPONDENT. Appeal from an order of the Supreme Court, Ontario County (Matthew A. Rosenbaum, J.), entered June 17, 2013 in a proceeding pursuant to RPTL article 7. The order, among other things, granted petitioner’s motion seeking to establish the value of its property for three assessment dates. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Entered: September 26, 2014 Frances E. Cafarell Clerk of the Court