Matter of Brickman Estate at the Point, Inc. v Board ofAssessors
2011 NY Slip Op 05058 [85 AD3d 783]
June 7, 2011
Appellate Division, Second Department
As corrected through Wednesday, August 10, 2011


In the Matter of Brickman Estate at the Point, Inc.,Appellant,
v
Board of Assessors et al., Respondents.

—[*1]Ruskin Moscou Faltischek, P.C., Uniondale, N.Y. (Joseph R. Harbeson of counsel), forappellant.

John Ciampoli, County Attorney, Mineola, N.Y. (Robert F. Van der Waag of counsel), forrespondents.

In consolidated tax certiorari proceedings for the tax years 2005/2006, 2006/2007,2007/2008, and 2008/2009, respectively, the petitioner appeals, as limited by its brief, from somuch of a judgment of the Supreme Court, Nassau County (Bucaria, J.), entered January 27,2010, as, after a nonjury trial, only reduced the assessed values of the subject property from thesum of $93,127 to the sum of $69,696 for the tax year 2005/2006, from the sum of $52,230 to thesum of $41,250 for the tax year 2006/2007, from the sum of $49,375 to the sum of $43,725 forthe tax year 2007/2008, and from the sum of $52,337 to the sum of $46,348 for the tax year2008/2009.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Since this case was decided after a nonjury trial, "the power of this Court is as broad as thatof the trial court, and we may render a judgment we find warranted by the facts, bearing in mindthat in a close case, the trial judge had the advantage of seeing the witnesses" (Marini v Lombardo, 79 AD3d932, 933 [2010]; see Northern Westchester Professional Park Assoc. v Town ofBedford, 60 NY2d 492, 499 [1983]; O'Brien v Dalessandro, 43 AD3d 1123 [2007]). Since the trialcourt's ultimate conclusion as to value fell within the range of the expert testimony (see Matter of 665 Parkway Co. vCommissioner of Fin., 15 AD3d 666, 668 [2005]; Matter of Blue Hill Plaza Assoc. vAssessor of Town of Orangetown, 230 AD2d 846, 848 [1996]; Shore Haven Apts. No. 6v Commissioner of Fin. of City of N.Y., 93 AD2d 233, 236 [1983]), and was supported by apreponderance of the credible evidence, it must be sustained.

The remaining contentions of the Board of Assessors and the Board of Assessment Reviewof the County of Nassau are without merit. Covello, J.P., Leventhal, Lott and Miller, JJ., concur.


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