Legal Opinion

Younan v. City of Rome Assessor

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1998PublishedCited by 5 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition in this tax certiorari proceeding. Petitioners failed to file proof of mailing of a copy of the petition to the Superintendent of Schools and County Treasurer within 10 days of the mailing as required by RPTL 708 (3) and failed to demonstrate good cause for that failure. We reject petitioners’ contention that the failure to file proof of mailing is a procedural irregularity that may be excused pursuant to CPLR 2001 without a showing of good cause. The application of CPLR 2001 to excuse such…

2Cited by5 opinions

  1. Gatsby Industrial Real Estate, Inc. v. FoxAppellate Division of the Supreme Court of the State of New York · 2007
  2. First Source Federal Credit Union v. StuhlmanAppellate Division of the Supreme Court of the State of New York · 1999
  3. Macy's Primary Real Estate, Inc. v. Assessor of White PlainsAppellate Division of the Supreme Court of the State of New York · 2002
  4. First Source Federal Credit Union v. StuhlmanAppellate Division of the Supreme Court of the State of New York · 2000
  5. Country Estate Maintenance Co. v. Board of Education of Charlotte Valley Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2006

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