New York Consolidated Laws

N.Y. Real Property Tax Law § 708 (2026)

Service

✓ current as of May 2026
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§ 708. Service. 1. Except in a city of over one million population
having a tax commission, if the assessment to be reviewed was made by
the assessors of an assessing unit, service may be made by delivering
three copies of the petition and notice to: (a) the clerk of such
assessing unit, or, if there be no such clerk, then to the officer who
performs the customary duties of that official; or (b) the assessor or
the chairman of the board of assessors or the chief clerk of such
assessor or board of assessors, or a deputy of any of such clerks or
officers authorized to receive such petition and notice. Such clerk or
other officer, if other than the assessor or the chairman of the board
of assessors, shall notify the assessors of the commencement of the
proceeding.
  2. In a city of over one million population having a tax commission,
service of the petition shall be made by delivering a copy thereof to
the president of the tax commission of such city or his duly authorized
agent.
  3. Except in a city in which there is a city school district governed
by the provisions of article fifty-two of the education law, or in a
special assessing unit as defined in article eighteen of this chapter
which is not a city or in a county governed by chapter three hundred
eleven of the laws of nineteen hundred twenty, as amended by chapter one
hundred thirty of the laws of nineteen hundred thirty-five, one copy of
the petition and notice shall be mailed within ten days from the date of
service thereof as above provided to the superintendent of schools of
any school district within which any part of the real property on which
the assessment to be reviewed is located and, in all instances, to the
treasurer of any county in which any part of the real property is
located, and to the clerk of a village which has enacted a local law as
provided in subdivision three of section fourteen hundred two of this
chapter if the assessment to be reviewed is on a parcel located within
such village. Neither the school district nor any such county or village
shall thereby be deemed to have been made a party to the proceeding.
Proof of mailing one copy of the petition and notice to the
superintendent of schools, the treasurer of the county and the clerk of
the village which has enacted a local law as provided above shall be
filed with the court within ten days of the mailing. Failure to comply
with the provisions of this section shall result in the dismissal of the
petition, unless excused for good cause shown.
  4. Nothing in this subdivision shall affect the right to serve process
in any other manner permitted by law.
Notes of Decisions
Cited in 3 cases, 1985–2016 · leading case: The Matter of Westchester Jt. Water Works v. Assessor of City of Rye, 56 N.E.3d 197 (NY 2016).
The Matter of Westchester Jt. Water Works v. Assessor of City of Rye, 56 N.E.3d 197 (NY 2016). “This appeal presents the question whether a proceeding *570 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).”
Expressway Vill., Inc. v. Brearly, 112 A.D.2d 718 (N.Y. App. Div. 1985). “Notice of this proceeding was required to be served on the school district (Real Property Tax Law § 708 [3]) so as to provide it an opportunity to contest a settlement or determination adverse to its interests (see, Matter of Stanford Assoc.”
Vill. Square of Penna, Inc. v. Assessor of the Town of Colonie, 187 Misc. 2d 845 (N.Y. Sup. Ct. 2001). “Real Property Tax Law § 708 (3) requires that a copy of the notice of petition and petition be mailed to the superintendent of schools of any school district within which any part of the real property on which the assessment to be reviewed is located within 10 days from,the date…”
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