IN THE MATTER OF AVERY v. AERY


55 A.D.3d 1095 (2008)

865 N.Y.S.2d 757

In the Matter of SUZANNE AVERY et al., Appellants, v. SANDRA A. AERY, as Assessor of the Town of Harrietstown, et al., Respondents.

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

October 23, 2008.


Spain, J.

In October 2006, as the owners of real properties situated in the Town of Harrietstown, Franklin County, petitioners commenced this CPLR article 78 proceeding challenging the Town's 2006 assessment roll, which was based upon a town-wide revaluation. In January 2007, respondents answered and then moved for summary judgment dismissing the petition. In March 2007, petitioners cross-moved for leave to file and serve an amended petition which added additional...

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