In the Matter of FMC Corporation (Peroxygen Chemicals Division) v. David Unmack, as Assessor of Town of Tonawanda…

Summary

The New York Court of Appeals reversed the Appellate Division's orders in two tax assessment appeals, holding that the petitioners satisfied their burden of production by presenting substantial evidence that a credible dispute existed over the valuation of their properties. The court clarified that the "substantial evidence" standard is a minimal evidentiary threshold requiring relevant and probative proof, and that once this threshold is met, the lower court must weigh the evidence to determine overvaluation by a preponderance of the evidence.