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Decided on June 24, 2011
Supreme Court, Rensselaer County

226262
SEGAL, GOLDMAN, MAZZOTTA & SIEGEL, P.C. (Paul J. Goldman, Esq., of Counsel) Attorney for Plaintiff 9 Washington Square Albany, New York 12205 THE LAW OFFICES OF ROBERT L. BEEBE, LLC (Robert L. Beebe, Esq. and Scott M. Ronda, Esq., ofCounsel) Attorney for Defendant Town 514 Vischers Ferry Road Clifton Park, New York 12065 McNAMEE, LOCHNER, TITUS & WILLIAMS, P.C. (David J. Wukitsch, Esq., of Counsel) Attorneys for the School District 677 Broadway Albany, New York 12207 Michael C. Lynch, J.
These are three combined tax certiorari proceedings commenced under RPTL Article 7 for years 2008, 2009 and 2010. The petitioner owns and operates a warehouse and distribution facility on the subject property. By Order (Lynch, J.) dated March 3, 2011, the matter has been scheduled for a trial day certain on July 20, 2011.
By Notice of Motion returnable May 13, 2011, the Town respondents have moved to dismiss the petition as barred under the terms of certain Payment in Lieu of Tax (PILOT) Agreements between petitioner and the Rensselaer County Industrial Development Agency (hereinafter RCIDA), requiring valuation disputes to be resolved through arbitration. Petitioner has opposed the application and cross moved for an order confirming that it is an aggrieved party under RPTL

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