5TH AVE OFF. v. MOUNT VERNON


89 N.Y.2d 735 (1997)

680 N.E.2d 590

658 N.Y.S.2d 217

In the Matter of Fifth Avenue Office Center Co., Appellant, v. City of Mount Vernon et al., Respondents. In the Matter of Tecumseh Associates, Appellant, v. City of Mount Vernon et al., Respondents.

Court of Appeals of the State of New York.

Decided April 1, 1997.


Attorney(s) appearing for the Case

Griffin, Coogan & Veneruso, P. C., Bronxville (James M. Coogan and Robert W. Wolper of counsel), for appellant in the first above-entitled proceeding.

Olga C. Dais, Corporation Counsel of City of Mount Vernon (Jean Smiertka Huff of counsel), for respondents in the first and second above-entitled proceedings.

Paul S. Richmond, White Plains, for appellant in the second above-entitled proceeding.

Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


Chief Judge KAYE.

Under Mount Vernon City local law, the Board of Assessment Review must deny any complaint concerning assessment of income-producing realty if the property owner failed to submit an annual income and expense statement in a timely manner to the Commissioner of Assessment. The issue here is whether a taxpayer's failure to comply with this preassessment disclosure requirement also precludes judicial...

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