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Fighting a motion to dismiss for a tax cert case in Buffalo NY

Asked almost 3 years ago - Buffalo, NY

Lawsuits Tax

I have a motion to dismiss for a tax cert case in 14220. The facts are that I provided the paperwork to be stamped (including the "draft" notice of petition, and petition, but they were only stamped "paid no fee" and then returned to me.

I should have insisted they take them and stamp them filed but I goofed.

Now I have motions to dismiss for failure to meet the deadlines.

Any suggestions for the response.... case law to cite etc....

many thanks in advance.

I have two citations now, Mt Arab Masonic Historical Society v. Town of altamont Board of assessment review. Nov 4. 1999. Applied under " non consittutional, arbitrary and capricious impostion of an assessment (matter was under court order dated March 08, and increased Decemeber 08!)

and John Seiert et al., v. Supreme Court

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Attorney answers (1)

Bruce Scott Zeftel

Reputation Level 3

Answered almost 3 years ago. Land Use / Zoning Attorney in Buffalo, NY.

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Your question is confusing.

Did you file the petition and notice of petition with the county clerk and pay the fee for the index number and RJI? If you filed the them with the clerk and got and index number and then served the municipality, and did this within the strict time limits in the Real Property Tax Law then you should b okay. But if you did not file and get the index number etc then you have a problem. Remember though that each year is new, so if you are out for this year you can always try again next year.

Good luck.

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