Opinion
December 30, 1991
Appeal from the Supreme Court, Suffolk County (Cromarty, J.).
Ordered that the orders are affirmed, with one bill of costs.
Although RPTL 708 (1) mandates personal service of a petition commencing a proceeding to review a real property assessment, we agree with the Supreme Court that, under the circumstances of this case, service of the petitions by mail was not jurisdictionally fatal, as the Village waived its right to personal service (see, Matter of Rizika v Board of Assessors, 62 Misc.2d 774; see also, Allen v Board of Assessors, 57 A.D.2d 1036). Moreover, under the facts here, the Village should be estopped from raising the defense of lack of personal jurisdiction. Sullivan, J.P., Lawrence, Rosenblatt and O'Brien, JJ., concur.