From Casetext: Smarter Legal Research

Matter of Adventist Home v. Bd. of Assessors

Appellate Division of the Supreme Court of New York, Third Department
Apr 29, 1993
192 A.D.2d 1044 (N.Y. App. Div. 1993)

Opinion

April 29, 1993

Appeal from the Supreme Court, Columbia County (Cobb, J.).


Petitioner challenges the 1990 real property tax assessment of a portion of its property located in the Town of Livingston, Columbia County. In our view, Supreme Court properly dismissed the matter as time barred. In reaching this conclusion, we initially note that it is not disputed that the four-month Statute of Limitations set forth in CPLR 217 is applicable (see generally, Kahal Bnei Emunim Talmud Torah Bnei Simon Israel v Town of Fallsburg, 78 N.Y.2d 194). Here, that period began to run on July 1, 1990, the date of the filing of the final assessment roll (see, supra; Global Frozen Food v County of Nassau, 153 A.D.2d 669; LaFayette Cent. School Dist. v Niagara Mohawk Power Corp., 101 A.D.2d 1015). Therefore, because suit was not commenced until May 10, 1991, it was untimely (see, Press v County of Monroe, 50 N.Y.2d 695).

Nor can we accept petitioner's assertion that the Statute of Limitations was tolled because it never received a notice of determination on the grievance of its assessment as required by Real Property Tax Law § 525 (4). Although that statute requires such a notice to be mailed, it also specifically provides that the "[f]ailure to mail any such notice or failure * * * to receive the same shall not affect the validity of the assessment". Furthermore, the final assessment roll, a matter of public record, was filed after the grievance. At that point in time, petitioner was in the same position as any other taxpayer charged with the knowledge of the filing of the final assessment roll (see, e.g., Global Frozen Food v County of Nassau, supra). In any event, even if an extension of the limitations period based on a lack of notice was warranted, petitioner conceded that it received a tax bill on or about December 28, 1990 advising it of the taxes due on the subject property. That bill served as notice of the final assessment. Nevertheless, the proceeding was not commenced within four months of that date and thus was still untimely.

Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Adventist Home v. Bd. of Assessors

Appellate Division of the Supreme Court of New York, Third Department
Apr 29, 1993
192 A.D.2d 1044 (N.Y. App. Div. 1993)
Case details for

Matter of Adventist Home v. Bd. of Assessors

Case Details

Full title:In the Matter of ADVENTIST HOME, INC., Appellant, v. BOARD OF ASSESSORS OF…

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

Date published: Apr 29, 1993

Citations

192 A.D.2d 1044 (N.Y. App. Div. 1993)
597 N.Y.S.2d 216

Citing Cases

Matter of Cerro v. Town of Kingsbury

Since the filing of an unsigned order to show cause is "of no legal effect" ( Matter of Fry v. Village of…

Matter of Adventist Home v. Board of Assessors of Town

Decided October 12, 1993 Appeal from (3d Dept: 192 A.D.2d 1044) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…