Legal Opinion

Fishel v. Gaffney

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

Decided February 1, 1996PublishedCited by 3 opinions

1Opinion of the Court

—Casey, J.

Appeal from that part of an order of the Supreme Court (Demarest, J.), entered May 2, 1995 in St. Lawrence County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition of petitioners Paul M. Fishel and the Town of Oswegatchie due to lack of standing.

At issue in this appeal is whether a municipality and its assessor have standing to seek judicial review of determinations rendered in small claims assessment review proceedings commenced by aggrieved property owners pursuant to RPTL article 7. RPTL 736 (2) authorizes only the property owner who filed the small…

2Cases cited2 opinions

  1. Axelrod v. SobolNew York Court of Appeals · 1991
  2. Village/Town of Scarsdale v. MooreAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by3 opinions

  1. Town of Riverhead v. New York State Board of Real Property ServicesAppellate Division of the Supreme Court of the State of New York · 2004
  2. Town of Roxbury v. StevensAppellate Division of the Supreme Court of the State of New York · 1997
  3. Benedict v. Albany CountyNew York Supreme Court · 2008

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