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MATTER OF WATSON BOULEVARD APARTMENTS, INC. v. HUFFCUT

23 A.D.2d 508 (1965)

In the Matter of Watson Boulevard Apartments, Inc., Appellant, v. R. Boyd Huffcut, as Assessor of The Town of Union, Respondent In the Matter of Allan Village, Inc., Appellant, v. R. Boyd Huffcut, as Assessor of The Town of Union, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 5, 1965

MEMORANDUM BY THE COURT.

As pertinent here, subdivision 1 of section 708 of the Real Property Tax Law provides: "If the assessment to be reviewed was made by the assessors of an assessing unit, service shall be made by delivering three copies of the petition and notice to the clerk of such assessing unit". It is conceded that service as thus provided was not effected. The failure to suffice the statute's condition precedent is jurisdictionally fatal to the review...

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