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MATTER OF GREYSTONE HOLDING CORP. v. LENNOX

197 Misc. 463 (1950)

In the Matter of Greystone Holding Corporation, Petitioner, v. Joseph J. Lennox, as Commissioner of Assessment and Taxation of the Tax District Comprised of The City of Yonkers, et al., Respondents.

Supreme Court, Special Term, Westchester County.

February 24, 1950.

Attorney(s) appearing for the Case

Jerome Beaudrias for petitioner.

John H. Galloway, Jr., Corporation Counsel (John Preston Phillips of counsel), for respondents.

DAVIS, J.

Motion to dismiss petition and notice of application for review under article 13 of the Tax Law upon the ground service thereof was not effected within the time limited by section 290-a of the Tax Law. The undisputed facts are that an attempt was made to serve the city clerk shortly after 5:00 P.M., within the time limit. His office had been closed legally at 5:00 P.M. Failing in this attempt the attorney...

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