Richman v. Board of Assessment of Town of Pamelia

Appellate Division of the Supreme Court of New York

Richman v. Board of Assessment of Town of Pamelia

168 A.D.2d 902, 566 N.Y.S.2d 886, 1990 N.Y. App. Div. LEXIS 16419

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

DecidedDecember 21, 1990

StatusPublished

This text of 168 A.D.2d 902 (Richman v. Board of Assessment of Town of Pamelia) 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.

Bluebook

Richman v. Board of Assessment of Town of Pamelia, 168 A.D.2d 902, 566 N.Y.S.2d 886, 1990 N.Y. App. Div. LEXIS 16419 (N.Y. Ct. App. 1990).

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Opinion

Order unanimously affirmed without costs. Memorandum: The record reveals that the assessment roll involving the subject property was completed and filed on or before July 1, 1989. The 30-day Statute of Limitations for commencement of a review of that assessment (see, Real Property Tax Law § 702 [2]) expired on Monday, July 31, 1989. Therefore, service of the notice and petition on August 1, 1989 was untimely, and the petition should have been dismissed based upon the Statute of Limitations defense (see, Samuels v Town of Clarkson, 91 AD2d 836). In view of this holding, it is unnecessary to reach the other issue raised on appeal. (Appeal from order of Supreme Court, Jefferson County, Inglehart, J.—tax certiorari.) Present—Dillon, P. J., Denman, Green, Balio and Davis, JJ.

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Order unanimously affirmed without costs. Memorandum: The record reveals that the assessment roll involving the subject property was completed and filed on or before July 1, 1989. The 30-day Statute of Limitations for commencement of a review of that assessment (see, Real Property Tax Law § 702 [2]) expired on Monday, July 31, 1989. Therefore, service of the notice and petition on August 1, 1989 was untimely, and the petition should have been dismissed based upon the Statute of Limitations defense (see, Samuels v Town of Clarkson, 91 AD2d 836). In view of this holding, it is unnecessary to reach the other issue raised on appeal. (Appeal from order of Supreme Court, Jefferson County, Inglehart, J.—tax certiorari.) Present—Dillon, P. J., Denman, Green, Balio and Davis, JJ.

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Bluebook (online)

168 A.D.2d 902, 566 N.Y.S.2d 886, 1990 N.Y. App. Div. LEXIS 16419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richman-v-board-of-assessment-of-town-of-pamelia-nyappdiv-1990.

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