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WESTCHESTER WATER v. ASSESSOR

No. 77

27 N.Y.3d 566 (2016)

56 N.E.3d 197

36 N.Y.S.3d 415

2016 NY Slip Op 04438

In the Matter of WESTCHESTER JOINT WATER WORKS, Appellant, v. ASSESSOR OF THE CITY OF RYE, Respondent, and RYE NECK UNION FREE SCHOOL DISTRICT, Intervenor-Respondent. (And Other Proceedings.)

Court of Appeals of New York.

Decided June 9, 2016.

Attorney(s) appearing for the Case

McCarthy Fingar LLP, White Plains (Stephen Davis of counsel), for appellant.

Shaw, Perelson, May & Lambert, LLP, Valhalla (Marc E. Sharff of counsel), for intervenor-respondent.

Harris Beach PLLC, White Plains (Darius P. Chafizadeh, A. Vincent Buzard and Christopher H. Feldman of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and GARCIA concur.

OPINION OF THE COURT

This appeal presents the question whether a proceeding dismissed for an unexcused failure to comply with the mailing requirements of Real Property Tax Law § 708 (3) may be recommenced pursuant to CPLR 205 (a). We conclude that it may not.

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