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AIRMONT HOMES, INC. v. TOWN OF RAMAPO

69 N.Y.2d 901 (1987)

Airmont Homes, Inc., Appellant, v. Town of Ramapo et al., Respondents. (Proceeding No. 1.) Hillcrest Eckerson Corp., Appellant, v. Town of Ramapo et al., Respondents. (Proceeding No. 2.) Rockland Homes, Inc., Appellant, v. Town of Ramapo et al., Respondents. (Proceeding No. 3.) Eric Bergstol et al., Appellants, v. Town of Ramapo et al., Respondents. (Proceeding No. 4.) Citizens Realty Dev. Corp., Appellant, v. Town of Ramapo et al., Respondents. (Proceeding No. 5.) Ben Ash et al., Appellants, v. Town of Ramapo et al., Respondents. (Proceeding No. 6.) Milton B. Shapiro et al., Appellants, v. Town of Ramapo et al., Respondents. (Proceeding No. 7.)

Court of Appeals of the State of New York.

Decided April 23, 1987.

Attorney(s) appearing for the Case

Milton B. Shapiro for appellants.

Samuel Blecher, Town Attorney (Arnold Becker and Mitchell Schecter of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK JR., and BELLACOSA concur; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed and the motions to dismiss the proceedings denied.

Petitioners commenced these proceedings in August 1976 pursuant to article 7 of the Real Property Tax Law. Respondent Town of Ramapo did not answer the petitions, relying instead on the automatic statutory denial of petitioners' allegations (RPTL 712 [1] [if respondent fails to serve an answer within...

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