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MATTER OF EAGLE v. LA ROSE

137 Misc.2d 304 (1987)

In the Matter of Charles E. Eagle et al., Petitioners, v. Harold La Rose, as Assessor of the Town of Queensbury, Respondent.

Supreme Court, Warren County.

October 26, 1987

Attorney(s) appearing for the Case

Wilson S. Mathias for respondent. Campanaro & Tomkovitch for petitioners.

J. RAYMOND AMYOT, J.

In this Real Property Tax Law article 7 proceeding it is undisputed that no notice of the application for review was served together with the petition, as required by subdivision (1) of Real Property Tax Law § 704. The respondent's answer sets forth this alleged defect as an affirmative defense. Now, more than 30 days after final completion and filing of the assessment roll, the respondent...

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