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MATTER OF NIAGARA MOHAWK POWER CORPORATION v. TOWN OF TONAWANDA ASSESSOR

309 A.D.2d 1251 (2003)

765 N.Y.S.2d 547

In the Matter of NIAGARA MOHAWK POWER CORPORATION, Appellant, v. TOWN OF TONAWANDA ASSESSOR et al., Respondents, and KENMORE-TONAWANDA UNION FREE SCHOOL DISTRICT BOARD OF EDUCATION et al., Intervenors-Respondents.

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

Decided October 2, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted respondents' motion to dismiss the petition in this proceeding pursuant to RPTL article 7 based upon petitioner's failure to "specify the time and place of the hearing on the petition" in the notice of petition (CPLR 403 [a]). "[T]he filing and service of a notice of petition lacking a return date is...

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