Giordano v. City of New York Department of Finance

Appellate Division of the Supreme Court of New York

Giordano v. City of New York Department of Finance

253 A.D.2d 432, 675 N.Y.S.2d 897, 1998 N.Y. App. Div. LEXIS 8800

Appellate Division of the Supreme Court of the State of New York·Decided August 3, 1998·Published·Cited by 2 cases

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review certain assessments on the petitioner’s property, the petitioner appeals from a judgment of the Supreme Court, Kings County (Jackson, J.), entered September 23, 1997, which granted the respondents’ motion to dismiss the proceeding.

Ordered that the judgment is affirmed, with costs.

The dismissal of this proceeding, inter alia, to review certain assessments on the petitioner’s property was appropriate inasmuch as the proceeding was both procedurally defective (see, NY City Charter § 163 [b], [c], [f]; Matter of G.A.D. Holding Co. v City of N. Y. Dept. of Fin., 192 AD2d 441) and untimely (see, CPLR 217; NY City Charter § 166; Matter of M & D Contrs. v New York City Dept. of Health, 233 AD2d 230; 45435 Realty Co. v City of New York, 200 AD2d 501; Matter of Cauldwest Realty Corp. v City of New York, 160 AD2d 489; Matter of Miller v McGough, 97 AD2d 416). Miller, J. P., Altman, McGinity and Luciano, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review certain assessments on the petitioner’s property, the petitioner appeals from a judgment of the Supreme Court, Kings County (Jackson, J.), entered September 23, 1997, which granted the respondents’ motion to dismiss the proceeding.

Ordered that the judgment is affirmed, with costs.

The dismissal of this proceeding, inter alia, to review certain assessments on the petitioner’s property was appropriate inasmuch as the proceeding was both procedurally defective (see, NY City Charter § 163 [b], [c], [f]; Matter of G.A.D. Holding Co. v City of N. Y. Dept. of Fin., 192 AD2d 441) and untimely (see, CPLR 217; NY City Charter § 166; Matter of M & D Contrs. v New York City Dept. of Health, 233 AD2d 230; 45435 Realty Co. v City of New York, 200 AD2d 501; Matter of Cauldwest Realty Corp. v City of New York, 160 AD2d 489; Matter of Miller v McGough, 97 AD2d 416). Miller, J. P., Altman, McGinity and Luciano, JJ., concur.

Giordano v. City of New York Department of Finance, 253 A.D.2d 432, 675 N.Y.S.2d 897, 1998 N.Y. App. Div. LEXIS 8800 (N.Y. Ct. App. 1998).

Pincite

253 A.D.2d 432 (Giordano v. City of New York Department of Finance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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