Donnelly's Mobile Home Court, Inc. v. Simons

Appellate Division of the Supreme Court of New York

Donnelly's Mobile Home Court, Inc. v. Simons

142 A.D.2d 943, 530 N.Y.S.2d 1013, 1988 N.Y. App. Div. LEXIS 14961

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

DecidedJuly 7, 1988

StatusPublished

Cited by1 cases

This text of 142 A.D.2d 943 (Donnelly's Mobile Home Court, Inc. v. Simons) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Donnelly's Mobile Home Court, Inc. v. Simons, 142 A.D.2d 943, 530 N.Y.S.2d 1013, 1988 N.Y. App. Div. LEXIS 14961 (N.Y. Ct. App. 1988).

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Opinion

Order unanimously affirmed without costs. Memorandum: In this proceeding to review the reassessment of their property (Real Property Tax Law art 7), petitioners argue that the reassessment was illegal because they were not afforded 10 days’ notice of the hearing as provided by Real Property Tax Law § 553 (2) (b). Having participated in the hearing without objection, petitioners waived their right to timely notice (see, Matter of McLean [Wyandance Brick & Terra Cotta Co.], 138 NY 158, 162-163; 4 Carmody-Wait 2d, NY Prac § 26:41). (Appeal from order of Supreme Court, Erie County, Gossel, J.—tax certiorari.) Present—Doerr, J. P., Denman, Boomer, Green and Balio, JJ.

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Order unanimously affirmed without costs. Memorandum: In this proceeding to review the reassessment of their property (Real Property Tax Law art 7), petitioners argue that the reassessment was illegal because they were not afforded 10 days’ notice of the hearing as provided by Real Property Tax Law § 553 (2) (b). Having participated in the hearing without objection, petitioners waived their right to timely notice (see, Matter of McLean [Wyandance Brick & Terra Cotta Co.], 138 NY 158, 162-163; 4 Carmody-Wait 2d, NY Prac § 26:41). (Appeal from order of Supreme Court, Erie County, Gossel, J.—tax certiorari.) Present—Doerr, J. P., Denman, Boomer, Green and Balio, JJ.

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142 A.D.2d 943, 530 N.Y.S.2d 1013, 1988 N.Y. App. Div. LEXIS 14961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donnellys-mobile-home-court-inc-v-simons-nyappdiv-1988.

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