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New York Tax Cert

New York Tax Cert

Do you understand your options for affording your property tax appeal? The last thing you need after a tax increase from a property reassessment is a big legal bill for a fruitless appeal. On the other hand, tax abatement litigation is a case of spending money to save money. You may need not only a lawyer but the testimony of independent professionals.

Tax certiorari (also known as tax cert) litigation is the process by which property owners can challenge their real estate tax assessment. By reducing your assessment, you can reduce the amount of real estate tax you have to pay.

The tax certiorari lawyers of E. Stewart Jones Hacker Murphy offer a variety of fee arrangements for the sophisticated but cost-effective representation you need. Our experienced lawyers will give you an honest evaluation upfront of the likelihood of prevailing in your appeal and an estimate of our fees.

From our offices in Albany, Troy, Schenectady, and Saratoga Springs, we have represented business owners’ tax cert cases in the Capital District, Central and Upstate New York and the Lower Hudson River Valley for more than 20 years. We have achieved notable results in tax cases in part by being selective. We never encourage prospective clients to throw good money after bad when we know an appeal is bound to fail.

Appealing Property Tax Assessments in New York

There are essentially three ways our lawyers can contest your property tax valuation and tax assessment:

  • Talk to the assessor to try to get your case reviewed before the tentative roll is set
  • File for an examination by the Board of Assessment Review
  • File with the New York state courts to challenge the assessment judicially

We will point out specific errors or factors that we believe should result in a reduction in assessed value and taxes. Our tax abatement practice is headed by founding partner David R. Murphy. He has authored sections of “Review and Reduction of Real Property Assessments in New York” published by the New York State Bar Association.

Our New York tax cert lawyers offer a variety of fee arrangements, including:

  • Contingency fee (percentage of tax savings if we prevail)
  • Hourly billing plus expenses
  • A blended approach, such as a flat flee retainer plus a percentage of any savings

As with most law firms that represent taxpayers in certiorari, we also represent a number of municipalities. We believe that our experience on both sides of property assessment appeals helps us find flaws in your assessment, as well as gauge middle ground in out-of-court negotiations.

Albany Property Assessment Attorneys

Our founding attorney, David R. Murphy, has litigated in tax certiorari for over 35 years and has authored materials relied upon by attorneys and assessors throughout New York State. E. Stewart Jones Hacker Murphy has the resources to bring in real estate appraisers, business valuation experts and other experts for specialty issues and we have a demonstrated record of success.

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  • If I hire an attorney but do not want to go to trial, can I settle?
    In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
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    1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
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  • What is the difference between criminal procedure and civil procedure?
    When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
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