Opinion

Clay Dome & Golf Center, LLC v. Board of Assessors

  • 300 A.D.2d 1092
  • 751 N.Y.S.2d 898
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 30, 2002
Status
Published
Cited by
7 cases
Authority
More cited than 92.1%

The opinion

—Appeal from that part of an order of Supreme Court, Onondaga County (Roy, J.), entered December 4, 2001, that granted the motion of respondent Liverpool Central School District to dismiss the petition against it.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly granted the motion of respondent Liverpool Central School District (District) to dismiss the petition against it in this RPTL article 7 proceeding based on petitioner’s failure to comply with RPTL 708 (3) by timely mailing a copy of the petition to the District’s superintendent. “The mistake or omission of petitioner’s at *1093 torney does not constitute ‘good cause shown’ within the meaning of RPTL 708 (3) to excuse petitioner’s failure to comply with that section” (Matter of First Source Fed. Credit Union v Stuhlman, 267 AD2d 1026, 1027 , lv denied 95 NY2d 758 ). Present — Pigott, Jr., P.J., Green, Hayes, Scudder and Lawton, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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