MATTER OF CORNWELL v. TOWN OF ESPERANCE


252 A.D.2d 795 (1998)

676 N.Y.S.2d 258

In the Matter of Howard J. Cornwell et al., Appellants, v. Town of Esperance et al., Respondents

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

July 16, 1998


Graffeo, J.

Petitioners commenced this proceeding pursuant to CPLR article 78 contending that the reassessment of their property after it was severed from a larger tract of land was selective and arbitrary. Respondents answered and requested dismissal of the petition on grounds that, inter alia, the proceeding was one properly brought pursuant to RPTL article 7 and that petitioners failed to exhaust their administrative remedies. Supreme Court...

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