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PROPERTY TAX ASSESSMENTS WERE PROPERLY REDUCED BY OVER $20 MILLION BUT THE COURT CANNOT REDUCE THE ASSESSMENTS BELOW THE AMOUNTS REQUESTED IN THE PETITION (THIRD DEPT).

The Third Department upheld the reduction in the assessed value of petitioner’s property by over $20 million, but noted the court cannot reduce the assessment to an amount lower than that requested in the petition:

Supreme Court erred when it valued the property below the amount that petitioner requested in the petitions. As relevant here, “an assessment may not be ordered reduced to an amount less than that requested by the petitioner in a petition or any amended petition” (RPTL 720 [1] [b]…). In its RPTL article 7 petitions, petitioner sought to reduce the 2015 assessed value of the property to only $28 million and the 2016 assessed value to only $25 million. As Supreme Court assessed the property for the 2015 tax year at $27,912,000 and for the 2016 tax year at $24,483,000, the orders and judgments must be modified, accordingly.  Matter of Champlain Ctr. N. LLC v Town of Plattsburgh, 2018 NY Slip Op 07021, Third Dept 10-18-18

REAL PROPERTY TAX LAW (PROPERTY TAX ASSESSMENTS WERE PROPERLY REDUCED BY OVER $20 MILLION BUT THE COURT CANNOT REDUCE THE ASSESSMENTS BELOW THE AMOUNTS REQUESTED IN THE PETITION (THIRD DEPT))

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