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Village/Town of Scarsdale v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 1994
200 A.D.2d 623 (N.Y. App. Div. 1994)

Opinion

January 18, 1994

Adjudged that the proceedings are dismissed, without costs or disbursements.


RPTL 736 (2) states: "A petitioner to an action pursuant to this title may seek judicial review pursuant to article seventy-eight of the civil practice law and rules provided that such review shall be maintained against the same parties named in the small claims petition". RPTL permits "[a]n owner of real property claiming to be aggrieved by an assessment on real property * * * [to] file a petition for review pursuant to this article" (RPTL former 730 [1] [a]). A municipality is not authorized to seek judicial review pursuant to CPLR article 78 of such determinations (see, Matter of Board of Assessors v Hammer, 181 A.D.2d 885). Accordingly, the petition must be dismissed.

We find no merit in the petitioner's other contentions (see, Matter of Cipollone v. City of White Plains, 181 A.D.2d 887, 888). Ritter, J.P., Copertino, Pizzuto and Joy, JJ., concur.


Summaries of

Village/Town of Scarsdale v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 1994
200 A.D.2d 623 (N.Y. App. Div. 1994)
Case details for

Village/Town of Scarsdale v. Moore

Case Details

Full title:In the Matter of VILLAGE/TOWN OF SCARSDALE, Petitioner, v. WILLIAM MOORE…

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

Date published: Jan 18, 1994

Citations

200 A.D.2d 623 (N.Y. App. Div. 1994)
606 N.Y.S.2d 720

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