ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06305

Matter of Fernando v Village of Garden City, Inc.

Read the official decision: 2026 NY Slip Op 06305

Holding The court affirmed the lower court’s dismissal of the petition, finding that the hearing officer’s denial of the small claims assessment review had a rational basis. The petitioner failed to meet the burden of presenting sufficient evidence of excessive assessment, and the remaining contention was improperly raised for the first time on appeal.

The court’s words

the court's role is limited to ascertaining whether that determination has a rational basis

2026 NY Slip Op 06305, at the official text

the hearing officer's determination that the petitioner failed to meet his burden of presenting sufficient evidence of excessive assessment had a rational basis

2026 NY Slip Op 06305, at the official text

The petitioner's remaining contention is improperly raised for the first time on appeal

2026 NY Slip Op 06305, at the official text
CourtAppellate Division, Second Department
DecidedOctober 28, 2026
Citation2026 NY Slip Op 06305
Area of lawTax
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06305
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1584

Recommended citation

ESQ HQ, New York Law Watch, Matter of Fernando v Village of Garden City, Inc., 2026 NY Slip Op 06305 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06305/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

Read how Law Watch works

Published October 28, 2026. Updated October 28, 2026.