MATTER OF GARTH v. BOARD OF ASSESSMENT REVIEW FOR TOWN OF RICHMOND


52 A.D.3d 1261 (2008)

859 N.Y.S.2d 817

In the Matter of LEONID G. GARTH, Respondent, v. BOARD OF ASSESSMENT REVIEW FOR TOWN OF RICHMOND, Appellant.

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

Decided June 6, 2008.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted and the petition is dismissed.

Memorandum:

Supreme Court erred in denying respondent's motion to dismiss the petition in this proceeding commenced pursuant to RPTL article 7 based on petitioner's failure to specify the time and place of the hearing on the petition in the notice of petition, as required by CPLR 403 (a) (see...

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