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MTR PIZZA HUT v. BAILEY

113 Misc.2d 37 (1982)

In the Matter of Southern Tier Pizza Hut, Inc., Petitioner, v. Lewis Bailey, as Chairman of the Board of Assessors of the Town of Geneseo, et al., Respondents.

Supreme Court, Livingston County.

March 12, 1982

Attorney(s) appearing for the Case

Welch, Streb, Porter, Meyer & Wesley (Richard C. Wesley of counsel), for respondents. Price, Miller, Evans & Flowers (William A. Evans of counsel), for petitioner.

JOSEPH G. FRITSCH, J.

Respondents move for an order pursuant to CPLR 3211 (subd [a], par 5) dismissing the petitioner's petition for failure to timely commence this proceeding pursuant to article 7 of the Real Property Tax Law.

Pursuant to section 516 of the Real Property Tax Law, the respondents filed the final assessment roll in the office of the town clerk on August 1, 1981, and posted notice of the filing on the same date. In addition to the...

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