Garth v. Board of Assessment Review for Town of Richmond

Appeal from an order of the Supreme Court, Ontario County (John J. Ark, J.), entered April 12, 2007 in a proceeding pursuant to RPTL article 7. The order, insofar as appealed from, denied the motion of respondent to dismiss the petition.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted and the petition is dismissed.

Memorandum: Supreme Court erred in denying respondent’s motion to dismiss the petition in this proceeding commenced pursuant to RPTL article 7 based on petitioner’s failure to specify the time and…