Rochester Community Savings Bank v. Board of Assessors
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order insofar as appealed from unanimously reversed on the law without costs, motions denied, cross motions granted and recommenced proceedings dismissed. Memorandum: Each of the six petitioners in this consolidated appeal commenced RPTL article 7 proceedings by filing a notice of petition and petition on May 31, 1996, the last day of the 30-day Statute of Limitations (see, RPTL 702 [2]). However, each petitioner failed to file an affidavit of service within 15 days of the expiration of the Statute of Limitations, as required by CPLR former 306-b (a). Each petitioner recommenced the…
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