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SIVIN v. BOARD OF ASSESSORS

57 A.D.3d 115 (2008)

867 N.Y.S.2d 119

In the Matter of LARA SIVIN et al., Respondents, v BOARD OF ASSESSORS et al., Appellants.

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

November 5, 2008.

Attorney(s) appearing for the Case

Lorna B. Goodman, County Attorney, Mineola (Gerald R. Podlesak of counsel), for appellants.

Robert Bichoupan P.C., Great Neck (Robin S. Laveman of counsel), for respondents.

FLORIO, ENG and BELEN, JJ., concur.

OPINION OF THE COURT

LIFSON, J.P.

This case, and the two companion cases decided herewith (see Matter of Bailey v Board of Assessors, 56 A.D.3d 466 [2d Dept 2008]; Matter of Bichoupan v Board of Assessors, 56 A.D.3d 466 [2d Dept 2008]), require us to determine whether dismissal of a Small Claims Assessment Review (hereinafter SCAR) petition is mandated where it has been...

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