ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06431

Matter of 23-25 Astoria Blvd, LLC v Niblack

Read the official decision: 2026 NY Slip Op 06431

Holding The Department of Finance committed an error of law by failing to classify a vacant lot in Queens zoned residential as tax class one. The court affirmed the lower court’s decision to annul the denial and direct reclassification, noting that commercial overlays do not prevent such classification outside Manhattan.

The court’s words

vacant land that is zoned residential and located within New York City but outside of the borough of Manhattan is properly classified as tax class one, regardless of a commercial overlay

2026 NY Slip Op 06431, at the official text

the appellants should have classified the parcel as tax class one, regardless of any commercial overlay, and their failure to do so was an error of law

2026 NY Slip Op 06431, at the official text
CourtAppellate Division, Second Department
DecidedNovember 4, 2026
Citation2026 NY Slip Op 06431
Area of lawTax
WeekWeek ending November 7, 2026
Official textOfficial decision: 2026 NY Slip Op 06431
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1726

Recommended citation

ESQ HQ, New York Law Watch, Matter of 23-25 Astoria Blvd, LLC v Niblack, 2026 NY Slip Op 06431 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06431/

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 November 4, 2026. Updated November 4, 2026.