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IN THE MATTER OF PHELAN v. TOWN OF ELLICOTTVILLE

17 Misc.3d 762 (2007)

843 N.Y.S.2d 499

In the Matter of ANDREW F. PHELAN, Esq., et al., Petitioners, v. TOWN OF ELLICOTTVILLE, Respondent.

Supreme Court, Cattaraugus County.

October 4, 2007.

Attorney(s) appearing for the Case

Andrew Phelan, Ellicottville, petitioner pro se, and for Fair Tax Party of Ellicottville, petitioner.

Thomas C. Brady, Salamanca, for respondent.

OPINION OF THE COURT

LARRY M. HIMELEIN, J.

Prior to 1970, many towns in New York had an elected board of assessors. In 1970, the State Legislature enacted legislation that required local governments to appoint a single assessor unless the municipality opted out by enacting a local law to retain its three-member board of assessors (see RPTL former 1556 [repealed]). The Town of Ellicottville must have opted...

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