Ritter v. Assessors of Kirkwood

Appellate Division of the Supreme Court of New York

Ritter v. Assessors of Kirkwood

209 A.D.2d 814, 618 N.Y.S.2d 604, 1994 N.Y. App. Div. LEXIS 11128

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

DecidedNovember 10, 1994

StatusPublished

This text of 209 A.D.2d 814 (Ritter v. Assessors of Kirkwood) 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

Ritter v. Assessors of Kirkwood, 209 A.D.2d 814, 618 N.Y.S.2d 604, 1994 N.Y. App. Div. LEXIS 11128 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from an order of the Supreme Court (Smyk, J.), entered September 8, 1993 in Broome County, which, in a proceeding pursuant to RPTL article 7, granted respondents’ motion to dismiss the petition for failure to file a timely complaint.

Petitioner commenced this proceeding to review a real property tax assessment. Supreme Court granted respondents’ motion to dismiss the petition based upon petitioner’s failure to file a timely complaint. We affirm. The record establishes that petitioner’s complaint was not timely filed with respondents Assessors or the Board of Assessment Review. Given that the filing of a timely complaint is a condition precedent to judicial review, respondents’ motion to dismiss the petition was properly granted.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, without costs.

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—Appeal from an order of the Supreme Court (Smyk, J.), entered September 8, 1993 in Broome County, which, in a proceeding pursuant to RPTL article 7, granted respondents’ motion to dismiss the petition for failure to file a timely complaint.

Petitioner commenced this proceeding to review a real property tax assessment. Supreme Court granted respondents’ motion to dismiss the petition based upon petitioner’s failure to file a timely complaint. We affirm. The record establishes that petitioner’s complaint was not timely filed with respondents Assessors or the Board of Assessment Review. Given that the filing of a timely complaint is a condition precedent to judicial review, respondents’ motion to dismiss the petition was properly granted.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, without costs.

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Bluebook (online)

209 A.D.2d 814, 618 N.Y.S.2d 604, 1994 N.Y. App. Div. LEXIS 11128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ritter-v-assessors-of-kirkwood-nyappdiv-1994.