MTR. OF RIZIKA v. BD. OF ASSESSORS


62 Misc.2d 774 (1970)

In the Matter of Robert N. Rizika, Petitioner, v. Board of Assessors of the Village of Herkimer, Respondent.

Supreme Court, Trial Term, Herkimer County.

April 20, 1970


Attorney(s) appearing for the Case

Wolfe, Kalil & Petrone for petitioner. Francis T. Longe for respondent.


JOHN R. TENNEY, J.

At the opening of the trial, respondent moved to dismiss on the ground that the service of the petition was improper. Section 708 of the Real Property Tax Law provides that service of a petition to review a tax "shall be made by delivering three copies of the petition and notice to the clerk of the assessing unit or * * * to the officer who performs the * * * duties." It further provides that a copy should be mailed to the clerk of...

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