# Fetzer v. Town Board

> Appellate Division of the Supreme Court of the State of New York · December 21, 2001 · 289 A.D.2d 996

URL: https://www.frixlaw.com/law-library/cases/6081405

## Case

- **Full name:** In the Matter of Todd J. Fetzer, Petitioners-Plaintiffs, and Timothy R. Ray, Appellants-Respondents v. Town Board of Town of Aurora
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 21, 2001
- **Citations:** 289 A.D.2d 996; 734 N.Y.S.2d 915; 2001 N.Y. App. Div. LEXIS 12595
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6081405

## Opinion text

Cross appeal unanimously dismissed and judgment affirmed without costs. Memorandum: Supreme Court properly granted the motion of respondents/ defendants seeking summary judgment dismissing the petition/ complaint in this combined CPLR article 78 proceeding and declaratory judgment action brought to contest the determination of respondent/defendant assessor granting a tax exemption to respondent/defendant Presbyterian Homes of Western New York, Inc. (Homes) under RPTL 420-a and 420-b. Homes is constructing a retirement community/transitional care facility and eventually a skilled nursing facility on that land. The court properly determined that petitioners/plaintiffs lack standing to bring the proceeding/action. Although we previously determined that petitioners/plaintiffs have standing to challenge the tax exemption granted to Homes (Matter of Fetzer v Town Bd., 270 AD2d 804, 804-805 ), our determination was based primarily upon Matter of Colella v Board of Assessors ( 266 AD2d 286 ), which has since been reversed by the Court of Appeals (Matter of Colella v Board of Assessors, 95 NY2d 401 ). Thus, we now conclude that petitioners/plaintiffs lack standing. In view of our determination, we do not consider the remaining contentions of petitioners/plaintiffs, and we dismiss the cross appeal of respondents/defendants because those parties are not aggrieved (see, CPLR 5511; Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488 ; Matter of Brown v Starkweather, 197 AD2d 840, 841 , lv denied 82 NY2d 653 ). (Appeals from Judgment of Supreme Court, Erie County, Mintz, J. — CPLR art 78.) Present — Pigott, Jr., P. J., Hayes, Wisner, Scudder and Burns, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6081405. Public record. Not legal advice.