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Matter of Chester Mall Part. v. Chester

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1997
239 A.D.2d 414 (N.Y. App. Div. 1997)

Opinion

May 12, 1997

Appeal from the Supreme Court, Orange County (Palella, J.).


Ordered that the order is affirmed, with costs.

As the Court of Appeals has recently reiterated, Real Property Tax Law § 525(2) will preclude a party from seeking an adjustment in a real estate tax assessment only if the failure to disclose requested information is willful. "Courts have therefore refused to dismiss judicial challenges to realty assessments absent proof that noncompliance was occasioned by a desire to frustrate administrative review" (Matter of Fifth Ave. Off. Ctr. Co. v. City of Mount Vernon, 89 N.Y.2d 735, 741-742). Under the circumstances here, we agree with the conclusion of the Supreme Court that the petitioner's objections to the requests by the appellants were, in the main, reasonable, and did not rise to the level of willful noncompliance intended to frustrate administrative review. Therefore, the Supreme Court providently exercised its discretion in denying the motion to dismiss the proceeding.

Miller, J.P., Thompson, Joy and Luciano, JJ., concur.


Summaries of

Matter of Chester Mall Part. v. Chester

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1997
239 A.D.2d 414 (N.Y. App. Div. 1997)
Case details for

Matter of Chester Mall Part. v. Chester

Case Details

Full title:In the Matter of CHESTER MALL PARTNERS, Respondent, v. VILLAGE OF CHESTER…

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

Date published: May 12, 1997

Citations

239 A.D.2d 414 (N.Y. App. Div. 1997)
657 N.Y.S.2d 435

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