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YEE v. TOWN OF ORANGETOWN

009-02336

76 A.D.3d 104 (2010)

904 N.Y.S.2d 88

In the Matter of AMY YEE, Appellant, v. TOWN OF ORANGETOWN, Respondent. In the Matter of KENNETH KOLWICZ, Appellant, v. TOWN OF CLARKSTOWN, Respondent. In the Matter of ESTHER BRAUN, Appellant, v. TOWN OF RAMAPO, Respondent.

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

Decided June 8, 2010.

Attorney(s) appearing for the Case

Feder Kaszovitz, LLP, New York City ( Ezio Scaldaferri of counsel), for appellants.

John S. Edwards , Town Attorney, Orangeburg ( Dennis D. Michaels of counsel), for respondent Town of Orangetown.

Amy Mele , Town Attorney, New City ( Marsha F. Coopersmith of counsel), for respondent Town of Clarkstown.

Michael L. Klein , Town Attorney, Suffern ( Michael B. Specht of counsel), for respondent Town of Ramapo.

COVELLO, J.P., ANGIOLILLO and BALKIN, JJ., concur.

OPINION OF THE COURT

SGROI, J.

The petitioners Amy Yee, Kenneth Kolwicz, and Esther Braun challenge the dismissal of their small claims assessment review (hereinafter SCAR) petitions by the Judicial Hearing Officer (hereinafter the JHO) designated to hear such cases because of their failure to permit inspections of their respective properties by the town assessor. They contend that discovery preliminary to a SCAR...

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