MATTER OF PHERBO REALTY CORP. v. BD. OF ASSESSORS OF TOWN OF FISHKILL


104 A.D.2d 1037 (1984)

In the Matter of Pherbo Realty Corporation, Appellant, v. Board of Assessors of Town of Fishkill et al., Respondents

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

October 29, 1984


Judgment affirmed, with costs.

It is clear that failure to strictly comply with section 718 of the Real Property Tax Law requires that this proceeding be dismissed (Matter of Waldbaum's #122 v Board of Assessors, 58 N.Y.2d 818). There is no question that petitioner did not file a note of issue in connection with the notice of petition and petition served on August 8, 1979 until...

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