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5TH AVE OFF CTR v. MT VERNON

219 A.D.2d 405 (1996)

643 N.Y.S.2d 594

In the Matter of Fifth Avenue Office Center Co., Respondent, v. City of Mount Vernon et al., Appellants

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

May 28, 1996

Attorney(s) appearing for the Case

Arthur Gutekunst, Corporation Counsel of City of Mount Vernon (Jean Smiertka Huff of counsel), for appellants.

Griffin, Coogan & Veneruso, P. C., Bronxville (James M. Coogan and Robert W. Wolper of counsel), for respondent.

ROSENBLATT, J. P., MILLER and FRIEDMANN, JJ., concur.

RITTER, J.

We are asked to decide whether a City of Mount Vernon taxpayer who refuses to supply income and expense information to the assessor as required by local law may thereafter challenge its tax assessment by seeking judicial review. We hold that judicial review is not available.

The petitioner is the owner of certain income-producing real property in the City of Mount Vernon. Accordingly, the...

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