MATTER OF ENDICOTT JOHNSON CORP. v. ASSESSOR OF THE TOWN OF UNION


209 A.D.2d 759 (1994)

617 N.Y.S.2d 982

In the Matter of Endicott Johnson Corporation, Respondent, v. Assessor of the Town of Union et al., Appellants

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

November 3, 1994


Yesawich Jr., J.

Respondent Town of Union maintains that Supreme Court erred in rejecting its affirmative defense that this proceeding, in which petitioner seeks judicial review of tax assessments on 11 parcels of real property in the Town, is governed by CPLR 304, and therefore that petitioner's failure to purchase a separate index number for each of the 11 challenged assessments rendered the proceeding jurisdictionally defective. We disagree.

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