New York Proceeding To Review Tax Assessment; Contents Of Petition.
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§ 11-231 Proceeding to review tax assessment; contents of petition. a.
Any person or corporation claiming to be aggrieved by the assessed
valuation of real property may commence a proceeding to review or
correct on the merits a final determination of the tax commission by
serving on the president of the tax commission, or his or her duly
authorized agent, a copy of a verified petition as prescribed by law. No
such petition shall be accepted unless, prior to the service thereof, an
index number has been obtained from the clerk of the county in which the
property is located. Within ten days after a proceeding has been
commenced as hereinbefore provided, the original verified petition with
proof of service shall be filed in the office of the clerk of the court
in which the proceeding is to be heard.
b. Such review shall be allowed only on one or more of the following
grounds, which must be specified in such petition:
1. That the assessment is illegal, and stating the particulars of the
alleged illegality, or
2. That the assessment is erroneous by reason of over-valuation, or
3. That the assessment is erroneous by reason of inequality, in that
it has been made at a higher proportionate valuation than the assessment
of other real property on the assessment rolls of the city for the same
year, and for assessments made after December thirty-first, nineteen
hundred eighty-one, other real property within the same class as defined
in section eighteen hundred two of the real property tax law, specifying
the instances in which such inequality exists and the extent thereof,
and stating that the petitioner is or will be injured thereby, or
4. That the real property is misclassified, and stating the class in
which it is claimed the property should be classified.
c. The proceeding shall be maintained against the tax commission
either by naming the president and the commissioners of the tax
commission individually, or by naming the tax commission of the city of
New York generally.
d. Such proceeding to review and all proceedings thereunder shall be
brought at a special term of the supreme court in the judicial district
where the real property so assessed is situated.
e. The justice or referee before whom such proceeding shall be heard
may inspect the real property which is the subject of the proceeding.