COHEN, DAVID G. v. ASSESSOR, CITY OF BUFFALO ( 2012 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1355 CA 12-00331 PRESENT: CENTRA, J.P., FAHEY, VALENTINO, AND MARTOCHE, JJ. IN THE MATTER OF THE APPLICATION UNDER ARTICLE 7 OF THE REAL PROPERTY TAX LAW BY DAVID G. COHEN, SETH B. COLBY, GRACE MUNSCHAUER, ANTHONY PICCIONE, JENNIE PICCIONE, MAXINE S. SELLER, DAVID G. STRACHAN, ARTHUR ZILLER AND LINDA MARSH, PETITIONERS-APPELLANTS, V MEMORANDUM AND ORDER ASSESSOR, CITY OF BUFFALO, AND BOARD OF ASSESSMENT REVIEW OF CITY OF BUFFALO, COUNTY OF ERIE AND STATE OF NEW YORK, RESPONDENTS-RESPONDENTS. WOLFGANG & WEINMANN, LLP, BUFFALO (JORGE S. DE ROSAS OF COUNSEL), FOR PETITIONERS-APPELLANTS. BENNETT, DIFILIPPO & KURTZHALTS, LLP, EAST AURORA (JOEL R. KURTZHALTS OF COUNSEL), FOR RESPONDENTS-RESPONDENTS. Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered November 18, 2011 in a proceeding pursuant to RPTL article 7. The order denied petitioners’ motion to preclude an interior inspection of their homes. It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same Memorandum as in Matter of Aylward v City of Buffalo (___ AD3d ___ [Dec. 28, 2012]). Entered: December 28, 2012 Frances E. Cafarell Clerk of the Court