Board of Managers of Copley Court Condominium v. Town of Ossining
Board of Managers of Copley Court Condominium v. Town of Ossining
Opinion of the Court
OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs.
The condominium at issue in this tax certiorari proceeding is located in the Village of Briarcliff Manor, in the Town of Ossining, and within the Briarcliff Manor Union Free School District (Briarcliff School District). Petitioner, Board of Managers of Copley Court Condominium (Copley), commenced a proceeding against the Town of Ossining and its Assessor and Board of Review seeking review of its tax assessment for the year 2001 pursuant to article 7 of the Real Property Tax Law. In the manner prescribed by RPTL 708 (3), which requires a petitioner to mail a copy of the petition to the superintendent of the school district within which the property at issue is located, Copley notified the Superintendent of Briarcliff School District of the proceeding. Copley also commenced similar proceedings for each of the next six tax years (2002-2007), but for each of those years, Copley’s counsel, evidently under the mistaken impression that the property was actually located within an adjacent school district, the Ossining Union Free School District, mailed copies of the petitions to the Superintendent of the Ossining School District instead of to Briarcliff School District. Briarcliff School District intervened and moved to dismiss the proceedings, and Copley cross-moved for leave to serve Briarcliff School District. The Supreme Court denied the motion and granted the cross motion. The Appellate Division reversed, granting Briarcliff School District’s motion to dismiss (79 AD3d 1032 [2d Dept 2010]). This Court granted Copley’s motion for leave to appeal (16 NY3d 711 [2011]), and we now affirm.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Order affirmed, with costs, in a memorandum.
Reference
- Full Case Name
- In the Matter of Board of Managers of Copley Court Condominium v. Town of Ossining, and Briarcliff Manor Union Free School District
- Cited By
- 11 cases
- Status
- Published