MATTER OF BATAVIA ENTERS., INC. v. ASSESSOR OF THE TOWN OF BATAVIA


72 A.D.2d 912 (1979)

In the Matter of Batavia Enterprises, Inc., Respondent, v. Assessor of the Town of Batavia et al., Appellants

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

November 16, 1979


Order unanimously affirmed, with costs.

Memorandum:

The sole issue on this appeal is whether petitioner-respondent's failure to comply with the statutory requirement of subdivision 1 of section 704 of the Real Property Tax Law denies the court of subject matter jurisdiction to consider the petition. Patently the notice was defective in providing for a premature return date less than the required 20 days minimum. However, the defects were not jurisdictional...

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