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MATTER OF NEW YORK TEL. CO. v. BD. OF ASSESSORS OF THE INC. VILL. OF SHOREHAM

178 A.D.2d 644 (1991)

In the Matter of New York Telephone Company, Respondent, v. Board of Assessors of the Incorporated Village of Shoreham et al., Appellants

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

December 30, 1991

Ordered that the orders are affirmed, with one bill of costs.

Although RPTL 708 (1) mandates personal service of a petition commencing a proceeding to review a real property assessment, we agree with the Supreme Court that, under the circumstances of this case, service of the petitions by mail was not jurisdictionally fatal, as the Village waived its right to personal service (see, Matter of Rizika v Board of Assessors, 62 Misc.2d...

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