Legal Opinion

Pliant Corp. v. Assessor of Town of Macedon

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

Decided February 1, 2008No. Appeal No. 2Published

1Opinion of the Court

*1197Appeal from a judgment of the Supreme Court, Wayne County (Dennis M. Kehoe, A.J.), entered April 3, 2007 in a proceeding pursuant to RPTL article 7. The judgment granted the motion of respondents to dismiss the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Supreme Court properly granted respondents’ motion to dismiss the petition in this proceeding pursuant to RPTL article 7 based upon petitioner’s failure to “specify the time and place of the hearing on the petition” in the notice of petition (CPLR 403 [a]). “[T]he filing…

2Cases cited2 opinions

  1. Oates v. Village of Watkins GlenAppellate Division of the Supreme Court of the State of New York · 2002
  2. Niagara Mohawk Power Corp. v. Town of Tonawanda AssessorAppellate Division of the Supreme Court of the State of New York · 2003

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