Shanty Hollow Corp. v. Poladian
| Decision Date | 20 January 1966 |
| Parties | , 215 N.E.2d 168 Application of SHANTY HOLLOW CORPORATION, Appellant, v. Harry POLADIAN, Chairman, et al., as the Board of Assessors of the Town of Hunter, Greene County, State of New York, Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 23 A.D.2d 132, 259 N.Y.S.2d 541.
The petitioner brought certiorari proceeding to review assessment by Board of Assessors of town. The petitioner served three copies of the notice and petition on the secretary of the chairman of the board of assessors and mailed a copy of notice and petition to the clerk of school district. On the date the notice was returnable the members of the board of assessors made a special appearance to object to the jurisdiction of the court and filed three affidavits, including one by town clerk, alleging that the petitioner had failed to serve her. The petitioner filed an affidavit alleging that the members of the board of assessors had waived the right to question the jurisdiction because they had failed to raise it by answer or by motion.
The Supreme Court, Special Term, Albany, County, De Forest C. Pitt, J., entered an order denying the application of the members of the board of assessors to dismiss the proceeding, and they appealed.
The Appellate Division entered an order, which reversed, on the law and the facts, the order of the Special Term, and dismissed the petition, and held that failure to serve the town clerk was fatal to the review sought.
The petitioner appealed to the Court of Appeals.
Louis M. Weber, New York City, for petitioner-appellant.
Order affirmed, without costs.
All concur.
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