Legal Opinion
Niagara Mohawk Power Corp. v. Town of Tonawanda Assessor
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 2003PublishedCited by 2 opinions
1Opinion of the Court
Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered October 28, 2002, which granted respondents’ motion to dismiss the petition in this proceeding pursuant to RPTL article 7.
It is hereby ordered that the order so appealed from be and the same hereby 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 and…
2Cases cited4 opinions
- Vetrone v. MackinAppellate Division of the Supreme Court of the State of New York · 1995
- Oates v. Village of Watkins GlenAppellate Division of the Supreme Court of the State of New York · 2002
- Spodek v. New York State Commissioner of TaxationNew York Court of Appeals · 1995
- Lamb v. MillsAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by2 opinions
- Garth v. Board of Assessment Review for Town of RichmondAppellate Division of the Supreme Court of the State of New York · 2008
- Pliant Corp. v. Assessor of Town of MacedonAppellate Division of the Supreme Court of the State of New York · 2008