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IN THE MATTER OF ORCHARD HEIGHTS, INC. v. YANCY

15 A.D.3d 854 (2005)

788 N.Y.S.2d 763

In the Matter of ORCHARD HEIGHTS, INC., Respondent, v. LINDA YANCY, Assessor, as Successor to A. TERRANCE CAMPBELL, Assessor, et al., Respondents. ORCHARD PARK CENTRAL SCHOOL DISTRICT, Intervenor-Appellant.

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

February 4, 2005.

Memorandum: Supreme Court erred in denying the motion of Orchard Park Central School District to dismiss the petition in this proceeding commenced pursuant to RPTL article 7 to review petitioner's 2003-2004 real property tax assessment. RPTL 708 (3) provides that "one copy of the petition and notice shall be mailed within ten days from the date of service thereof. . . to the superintendent of schools of any school district within which any part of the real property on which...

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