AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

IN THE MATTER OF HEKMAT YOUNAN et al., Appellants, v. CITY OF ROME ASSESSOR et al., Respondents.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition in this tax certiorari proceeding. Petitioners failed to file proof of mailing of a copy of the petition to the Superintendent of Schools and County Treasurer within 10 days of the mailing as required by RPTL 708 Real Prop. Tax (3) and failed to demonstrate good cause for that failure. We reject petitioners' contention that the failure to file proof of mailing is a procedural irregularity that may be excused pursuant to CPLR 2001 without a showing of good cause. The application of CPLR 2001 to excuse such failure would nullify the requirement of RPTL 708 Real Prop. Tax (3) that good cause be shown ( see, McKinney's Cons Laws of N.Y., Book 1, Statutes § 144).

Present — Green, J. P., Wisner, Hayes, Balio and Fallon, JJ.

Use AI to get other relevant cases.

Comments

MATTER OF YOUNAN v. CITY OF ROME ASSESSOR
(Dec 31, 1998)