MATTER OF WALDBAUM'S #122, INC. v. BD. OF ASSESSORS OF CITY OF MOUNT VERNON


90 A.D.2d 487 (1982)

In the Matter of Waldbaum's #122, Inc., Respondent, v. Board of Assessors of City of Mount Vernon et al., Appellants

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

October 4, 1982


Order reversed, on the law, with $50 costs and disbursements, motion granted and proceeding dismissed.

The text, purpose and legislative history of section 718 of the Real Property Tax Law mandate the conclusion that petitioner's failure to file a note of issue within four years of the date of service of the petition or to obtain within that period a stipulation or court order extending its time to file, resulted in a conclusive presumption that the proceeding...

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