Rossi v. Town of Colonie Department of Assessment

Appellate Division of the Supreme Court of New York

Rossi v. Town of Colonie Department of Assessment

13 A.D.3d 683, 785 N.Y.S.2d 779, 2004 N.Y. App. Div. LEXIS 14706

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

DecidedDecember 2, 2004

StatusPublished

This text of 13 A.D.3d 683 (Rossi v. Town of Colonie Department of Assessment) 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

Rossi v. Town of Colonie Department of Assessment, 13 A.D.3d 683, 785 N.Y.S.2d 779, 2004 N.Y. App. Div. LEXIS 14706 (N.Y. Ct. App. 2004).

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Opinion

Carpinello, J.

Appeal from an order of the Supreme Court (Ceresia, Jr., J.), entered December 1, 2003 in Albany County, which, inter alia, dismissed petitioner’s application, in a proceeding pursuant to RPTL article 7, to declare certain real property partially tax exempt.

Petitioner attempted to commence this tax certiorari proceeding pursuant to RPTL article 7 to review the denial of her request for a partial tax exemption. In addition to filing the petition to review her real property assessment one day late (see RPTL 702 [2], [3]), petitioner also filed it with the wrong clerk (see CPLR 304; County Law § 525 [1]; see also Matter of Mendon Ponds Neighborhood Assn. v Dehm, 98 NY2d 745 [2002]). In fact, the petition was not filed with the correct clerk until eight weeks after the statutory deadline had expired. Under these circumstances, dismissal was required (see Matter of Mendon Ponds Neighborhood Assn. v Dehm, supra; see also Matter of Abramov v Board of Assessors, Town of Hurley, 257 AD2d 958 [1999], lv denied 93 NY2d 813 [1999]).

Petitioner’s remaining contentions have been reviewed and determined to be without merit.

Cardona, P.J., Mercure, Peters and Spain, JJ., concur. Ordered that the order is affirmed, without costs.

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Carpinello, J.

Appeal from an order of the Supreme Court (Ceresia, Jr., J.), entered December 1, 2003 in Albany County, which, inter alia, dismissed petitioner’s application, in a proceeding pursuant to RPTL article 7, to declare certain real property partially tax exempt.

Petitioner attempted to commence this tax certiorari proceeding pursuant to RPTL article 7 to review the denial of her request for a partial tax exemption. In addition to filing the petition to review her real property assessment one day late (see RPTL 702 [2], [3]), petitioner also filed it with the wrong clerk (see CPLR 304; County Law § 525 [1]; see also Matter of Mendon Ponds Neighborhood Assn. v Dehm, 98 NY2d 745 [2002]). In fact, the petition was not filed with the correct clerk until eight weeks after the statutory deadline had expired. Under these circumstances, dismissal was required (see Matter of Mendon Ponds Neighborhood Assn. v Dehm, supra; see also Matter of Abramov v Board of Assessors, Town of Hurley, 257 AD2d 958 [1999], lv denied 93 NY2d 813 [1999]).

Petitioner’s remaining contentions have been reviewed and determined to be without merit.

Cardona, P.J., Mercure, Peters and Spain, JJ., concur. Ordered that the order is affirmed, without costs.

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Bluebook (online)

13 A.D.3d 683, 785 N.Y.S.2d 779, 2004 N.Y. App. Div. LEXIS 14706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rossi-v-town-of-colonie-department-of-assessment-nyappdiv-2004.

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