Rose Mount Vernon Corp. v. Assessor of Mount Vernon

Appellate Division of the Supreme Court of New York

Rose Mount Vernon Corp. v. Assessor of Mount Vernon

15 A.D.3d 585, 791 N.Y.S.2d 572, 2005 N.Y. App. Div. LEXIS 1816

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

DecidedFebruary 22, 2005

StatusPublished

Cited by3 cases

This text of 15 A.D.3d 585 (Rose Mount Vernon Corp. v. Assessor of Mount Vernon) 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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Rose Mount Vernon Corp. v. Assessor of Mount Vernon, 15 A.D.3d 585, 791 N.Y.S.2d 572, 2005 N.Y. App. Div. LEXIS 1816 (N.Y. Ct. App. 2005).

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Opinion

In seven related tax certiorari proceedings, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Dickerson, J.), entered December 29, 2003, as granted those branches of the respondents’ motion which were to vacate the notes of issue and dismiss the petitions in the proceedings bearing index Nos. 20011/96, 15294/97, 15062/98, and 14735/99.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the petitioner’s contention, the record supports the Supreme Court’s conclusion that the petitioner failed to comply with the requirements for the proper and timely service and filing of the requisite income and expense statements pursuant to 22 NYCRR 202.59. Accordingly, under the circumstances presented, the Supreme Court properly granted those branches of the respondents’ motion which were to vacate the notes of issue and dismiss the petitions (see RPTL 718; Matter of Sullivan LaFarge v Town of Mamakating, 94 NY2d 802 [1999]; Matter of Pyramid Crossgates Co. v Board of Assessors of Town of Guilderland, 302 AD2d 826 [2003]; May v Assessor of Town of Lancaster, 179 AD2d 1006 [1992]). Florio, J.E, Krausman, Goldstein and Mastro, JJ., concur. [See 1 Misc 3d 906(A), 2003 NY Slip Op 51530(D) (2003).]

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In seven related tax certiorari proceedings, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Dickerson, J.), entered December 29, 2003, as granted those branches of the respondents’ motion which were to vacate the notes of issue and dismiss the petitions in the proceedings bearing index Nos. 20011/96, 15294/97, 15062/98, and 14735/99.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the petitioner’s contention, the record supports the Supreme Court’s conclusion that the petitioner failed to comply with the requirements for the proper and timely service and filing of the requisite income and expense statements pursuant to 22 NYCRR 202.59. Accordingly, under the circumstances presented, the Supreme Court properly granted those branches of the respondents’ motion which were to vacate the notes of issue and dismiss the petitions (see RPTL 718; Matter of Sullivan LaFarge v Town of Mamakating, 94 NY2d 802 [1999]; Matter of Pyramid Crossgates Co. v Board of Assessors of Town of Guilderland, 302 AD2d 826 [2003]; May v Assessor of Town of Lancaster, 179 AD2d 1006 [1992]). Florio, J.E, Krausman, Goldstein and Mastro, JJ., concur. [See 1 Misc 3d 906(A), 2003 NY Slip Op 51530(D) (2003).]

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Bluebook (online)

15 A.D.3d 585, 791 N.Y.S.2d 572, 2005 N.Y. App. Div. LEXIS 1816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rose-mount-vernon-corp-v-assessor-of-mount-vernon-nyappdiv-2005.

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