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LEVEL 3 v. DeBELLIS

2008-04205.

72 A.D.3d 164 (2010)

895 N.Y.S.2d 110

In the Matter of LEVEL 3 COMMUNICATIONS, LLC, Appellant, v. ANTHONY V. DeBELLIS, Appointed Assessor for the City of Mount Vernon, et al., Respondents.

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

Decided January 19, 2010.

Attorney(s) appearing for the Case

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York City ( Dean G. Yuzek , Roger Cukras and Jennifer B. Schain of counsel), for appellant.

Huff Wilkes, LLP, Tarrytown ( John D. Cavallaro and Michael V. Caruso of counsel), for Anthony V. DeBellis and others, respondents.

Robert F. Meehan , County Attorney, White Plains ( Stacy Dolgin-Kmetz and Thomas G. Gardiner of counsel), for Westchester County Board of Legislators and another, respondents.

DILLON, J.P., ANGIOLILLO and ENG, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

We are asked on this appeal primarily to determine whether a taxpayer's challenge to a municipality's assessment of the taxpayer's real property was time-barred, and whether the taxpayer's challenge is barred by virtue of its failure to exhaust its administrative remedies prior to seeking judicial review. Since the instant dispute involves the correction of errors in assessment pursuant to RPTL article 5, this proceeding...

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