Lahtinen

DECISION AND ORDER ON MOTION

Motion to dismiss proceeding.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the proceeding for failure to acquire personal jurisdiction is granted, without costs, and the proceeding is dismissed unless petitioner serves the notice of petition and petition on respondent Tax Appeals Tribunal in accordance with CPLR 307, 312-a, 403 (c), 7804 (c) and Tax Law § 2016 on or before 15 days from the date of this decision and order, in which event, the motion to dismiss for failure to acquire personal jurisdiction is denied. The time to file and serve the answer is extended to April 7, 2014, and it is further

ORDERED that the motion to dismiss the proceeding for failure to include a return date is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the proceeding.

Lahtinen, J.P., Stein, McCarthy and Garry, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court