scar hearing (New York) · Go Syfert
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scar hearing in New York

8 New York opinions name it 2 courts 2008–2026 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Montgomery v. Board of Assessment Reviewgreen
nyappdiv · 2006 · cited in 3 New York opinions naming this issue, 2016–2016
2 sentences

2016Here, the evidence presented at the SCAR hearing, including the evidence of comparable sales and assessments, provided a rational basis for the Hearing Officer’s determination that petitioners had failed to meet their burden of demonstrating that respondent’s assessment of their property was unequal or excessive (see Garth, 87 AD3d at 1307 ; Matter of Montgomery v Board of Assessment Review of Town of Union, 30 AD3d 747, 749 [2006]).

2016Here, the evidence presented at the SCAR hearing, including the evidence of comparable sales and assessments, provided a rational basis for the Hearing Officer’s determination that petitioners had failed to meet their burden of demonstrating that respondent’s assessment of their property was unequal or excessive (see Garth, 87 AD3d at 1307 ; Matter of Montgomery v Board of Assessment Review of Town of Union, 30 AD3d 747, 749 [2006]).

23
Matter of DeSousa v. Town of Babylongreen
nyappdiv · 2019 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026When a hearing officer's determination is contested, "the court's role is limited to ascertaining whether that determination has a rational basis, that is, whether it is not affected by an error of law or not arbitrary and capricious" ( Matter of DeSousa v Town of Babylon , 170 AD3d at 1173 [citations omitted]; see CPLR 7803[3]; Matter of Meirowitz v Board of Assessors , 53 AD3d at 550 ; Matter of Gershon v Nassau County Assessment Review Commn. , 29 AD3d 909, 909 ).

2026When a hearing officer's determination is contested, "the court's role is limited to ascertaining whether that determination has a rational basis, that is, whether it is not affected by an error of law or not arbitrary and capricious" ( Matter of DeSousa v Town of Babylon , 170 AD3d at 1173 [citations omitted]; see CPLR 7803[3]; Matter of Meirowitz v Board of Assessors , 53 AD3d at 550 ; Matter of Gershon v Nassau County Assessment Review Commn. , 29 AD3d 909, 909 ).

11
Meirowitz v. Board of Assessorsgreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026In evaluating tax assessments at a SCAR hearing, the hearing officer is "vested with the discretion to consider a wide variety of sources and information" ( Matter of Yee v Town of Orangetown , 76 AD3d at 108-109; see Matter of Meirowitz v Board of Assessors , 53 AD3d 549, 550 ).

2026In evaluating tax assessments at a SCAR hearing, the hearing officer is "vested with the discretion to consider a wide variety of sources and information" ( Matter of Yee v Town of Orangetown , 76 AD3d at 108-109; see Matter of Meirowitz v Board of Assessors , 53 AD3d 549, 550 ).

11
Matter of Zhonghui Chen v. Department of Assessment of the County of Nassaugreen
nyappdiv · 2025 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026However, in that case, this Court did not reach that contention, holding that the common issues of fact and law warranted employment of a joint CPLR article 78 petition and that, therefore, the petition should have been determined on the merits ( see Matter of Leone v Board of Assessors , 100 AD3d at 637 ; see also Matter of Zhonghui Chen v Department of Assessment of the County of Nassau , 243 AD3d 576 , 578 [SCAR hearing but no standing issue raised]).

2026However, in that case, this Court did not reach that contention, holding that the common issues of fact and law warranted employment of a joint CPLR article 78 petition and that, therefore, the petition should have been determined on the merits ( see Matter of Leone v Board of Assessors , 100 AD3d at 637 ; see also Matter of Zhonghui Chen v Department of Assessment of the County of Nassau , 243 AD3d 576 , 578 [SCAR hearing but no standing issue raised]).

11
Sass v. Town of Brookhavengreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2011–2011
2 sentences

2011Since the SCAR hearing officer failed to consider evidence of the values of the petitioners’ properties as of the taxable status date of January 2, 2007, his determinations lacked a rational basis, and were arbitrary and capricious (see Matter of Sass v Town of Brookhaven, 73 AD3d 785, 788 [2010]).

2011Since the SCAR hearing officer failed to consider evidence of the values of the petitioners’ properties as of the taxable status date of January 2, 2007, his determinations lacked a rational basis, and were arbitrary and capricious (see Matter of Sass v Town of Brookhaven, 73 AD3d 785, 788 [2010]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Garth v. Assessors of Perinton green
nyappdiv · 2011
2 sentences

2016Here, the evidence presented at the SCAR hearing, including the evidence of comparable sales and assessments, provided a rational basis for the Hearing Officer’s determination that petitioners had failed to meet their burden of demonstrating that respondent’s assessment of their property was unequal or excessive (see Garth, 87 AD3d at 1307 ; Matter of Montgomery v Board of Assessment Review of Town of Union, 30 AD3d 747, 749 [2006]).

2016Here, the evidence presented at the SCAR hearing, including the evidence of comparable sales and assessments, provided a rational basis for the Hearing Officer’s determination that petitioners had failed to meet their burden of demonstrating that respondent’s assessment of their property was unequal or excessive (see Garth, 87 AD3d at 1307 ; Matter of Montgomery v Board of Assessment Review of Town of Union, 30 AD3d 747, 749 [2006]).

32016–2016
Ciesinski v. Town of Aurora green
nyappdiv · 1994
2 sentences

2011Petitioners’ contentions with respect to the failure of respondents to file a transcript of the SCAR hearing are raised for the first time on appeal and thus are not properly before us (see Ciesinski, 202 AD2d at 985 ).

2011Petitioners’ contentions with respect to the failure of respondents to file a transcript of the SCAR hearing are raised for the first time on appeal and thus are not properly before us (see Ciesinski, 202 AD2d at 985 ).

22011–2011
Lombardo v. Thomas green
nyappdiv · 2008
2 sentences

2026The hearing officer "shall consider the best evidence presented in each particular case" (RPTL 732[2]) and is required to determine all questions of fact and law de novo ( see id. § 732[4]; Matter of Klein v Department of Assessment , 149 AD3d 935, 936-937 ).

2026The hearing officer "shall consider the best evidence presented in each particular case" (RPTL 732[2]) and is required to determine all questions of fact and law de novo ( see id. § 732[4]; Matter of Klein v Department of Assessment , 149 AD3d 935, 936-937 ).

12026–2026
Leone v. Board of Assessors green
nyappdiv · 2012
2 sentences

2026In Matter of Leone v Board of Assessors ( 100 AD3d at 637 ), the petitioners claimed that the hearing officer erroneously concluded that the petitioners could not properly challenge the RAR in the context of a SCAR hearing and, therefore, failed to consider the petitioners' evidence on the proper ratio.

2026In Matter of Leone v Board of Assessors ( 100 AD3d at 637 ), the petitioners claimed that the hearing officer erroneously concluded that the petitioners could not properly challenge the RAR in the context of a SCAR hearing and, therefore, failed to consider the petitioners' evidence on the proper ratio.

12026–2026
Matter of Klein v. Department of Assessment green
nyappdiv · 2017
2 sentences

2026The hearing officer "shall consider the best evidence presented in each particular case" (RPTL 732[2]) and is required to determine all questions of fact and law de novo ( see id. § 732[4]; Matter of Klein v Department of Assessment , 149 AD3d 935, 936-937 ).

2026The hearing officer "shall consider the best evidence presented in each particular case" (RPTL 732[2]) and is required to determine all questions of fact and law de novo ( see id. § 732[4]; Matter of Klein v Department of Assessment , 149 AD3d 935, 936-937 ).

12026–2026
Matter of Chaya K. (Allen K.) green
nyappdiv · 2017
2 sentences

2026Application of the Law in this Case Judicial review of a hearing officer's determination in a SCAR hearing is limited to commencement of a proceeding pursuant to CPLR article 78 ( see RPTL 736[2]; Matter of Klein v Department of Assessment , 149 AD3d at 937 ; Matter of Yee v Town of Orangetown , 76 AD3d at 109).

2026Application of the Law in this Case Judicial review of a hearing officer's determination in a SCAR hearing is limited to commencement of a proceeding pursuant to CPLR article 78 ( see RPTL 736[2]; Matter of Klein v Department of Assessment , 149 AD3d at 937 ; Matter of Yee v Town of Orangetown , 76 AD3d at 109).

12026–2026
Gershon v. Nassau County Assessment Review Commission green
nyappdiv · 2006
2 sentences

2026When a hearing officer's determination is contested, "the court's role is limited to ascertaining whether that determination has a rational basis, that is, whether it is not affected by an error of law or not arbitrary and capricious" ( Matter of DeSousa v Town of Babylon , 170 AD3d at 1173 [citations omitted]; see CPLR 7803[3]; Matter of Meirowitz v Board of Assessors , 53 AD3d at 550 ; Matter of Gershon v Nassau County Assessment Review Commn. , 29 AD3d 909, 909 ).

2026When a hearing officer's determination is contested, "the court's role is limited to ascertaining whether that determination has a rational basis, that is, whether it is not affected by an error of law or not arbitrary and capricious" ( Matter of DeSousa v Town of Babylon , 170 AD3d at 1173 [citations omitted]; see CPLR 7803[3]; Matter of Meirowitz v Board of Assessors , 53 AD3d at 550 ; Matter of Gershon v Nassau County Assessment Review Commn. , 29 AD3d 909, 909 ).

12026–2026
Allen v. Assessor of Somers neutral
nyappdiv · 1997
2 sentences

2008(Cf. Matter of Allen v Assessor of Town of Somers, 239 AD2d 571 [2d Dept 1997].) Petitioners have requested a determination of the assessment as claimed in the complaint, however, the court will not grant such relief.

2008(Cf. Matter of Allen v Assessor of Town of Somers, 239 AD2d 571 [2d Dept 1997].) Petitioners have requested a determination of the assessment as claimed in the complaint, however, the court will not grant such relief.

12008–2008

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