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IN THE MATTER OF TOWN OF RIVERHEAD v. NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES

21 A.D.3d 1116 (2005)

802 N.Y.S.2d 698

In the Matter of TOWN OF RIVERHEAD et al., Petitioners, v. NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES et al., Respondents.

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

September 26, 2005.

Adjudged that the petition is dismissed, with one bill of costs.

The petition must be dismissed because the petitioner Town of Riverhead lacks capacity to institute this proceeding, and the individual petitioner, Edward Densieski, who owns assessed property within Riverhead, lacks standing (see Matter of Town of Riverhead v. New York State Bd. of Real Prop. Servs., 5 N.Y.3d 36 [2005]).

Capacity "concerns a litigant...

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