Bill Text: NY A01964 | 2019-2020 | General Assembly | Introduced
Bill Title: Reduces the time period in which an article 7 proceeding is deemed abandoned from four years to two years.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - referred to real property taxation [A01964 Detail]
Download: New_York-2019-A01964-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1964 2019-2020 Regular Sessions IN ASSEMBLY January 18, 2019 ___________ Introduced by M. of A. ZEBROWSKI, GALEF, DICKENS, D'URSO -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the real property tax law, in relation to reducing the time period in which an article 7 proceeding is deemed abandoned from four years to two years The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 718 of the real property tax law, as amended by 2 chapter 693 of the laws of 1995, subdivision 1 as amended by chapter 186 3 of the laws of 2002, and paragraphs (a) and (b) of subdivision 2 as 4 amended by chapter 503 of the laws of 1996, is amended to read as 5 follows: 6 § 718. When proceeding deemed abandoned. 1. Where a proceeding is 7 commenced pursuant to this article to review the assessment of a parcel 8 of real property which contains one, two or three family dwelling resi- 9 dential real property, including such dwellings used in part for nonres- 10 idential purposes, but which are used primarily for residential 11 purposes, and farm dwellings, or a parcel of real property which 12 contains residential real property consisting of more than three dwell- 13 ing units held in condominium form of ownership, or a parcel of real 14 property which contains land used in agricultural production which is 15 eligible for an agricultural assessment pursuant to section three 16 hundred five or three hundred six of the agriculture and markets law, 17 where the owner of such land has filed an annual application for an 18 agricultural assessment, and farm buildings and structures thereon, as 19 defined in subdivision two of section four hundred eighty-three of this 20 chapter, or any parcel of real property located in a city with a popu- 21 lation of one million or more, unless a note of issue is filed and the 22 proceeding is placed on the court calendar within [four] two years from 23 the last date provided by law for the commencement of the proceeding, 24 the proceeding thereon shall be deemed to have been abandoned and an 25 order dismissing the petition shall be entered without notice and such 26 order shall constitute a final adjudication of all issues raised in the 27 proceeding, except where the parties otherwise stipulate or a court or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06288-01-9A. 1964 2 1 judge otherwise orders on good cause shown within such [four-year] two- 2 year period. 3 2. Where a proceeding is commenced pursuant to this article to review 4 the assessment of a parcel of real property which solely contains prop- 5 erty which is not subject to the provisions of subdivision one of this 6 section, a note of issue shall be filed in accordance with this subdivi- 7 sion. 8 (a) Where a real property assessment challenge commenced under this 9 article has been pending for at least [two years] one year from the date 10 of the commencement of the proceeding, either party may demand, by serv- 11 ing a written demand, that the parties file a written appraisal of the 12 property which is the subject of the proceeding and serve same within 13 [one hundred twenty] ninety days of service of such demand. The demand 14 shall be in writing and served by personal delivery or certified mail, 15 return receipt requested. Both parties shall thereafter file an 16 appraisal or show good cause as to why such demand cannot be complied 17 with within such time period. Either party may move to dismiss the 18 proceeding by reason of the other party's failure to prosecute the 19 proceeding and file the appraisal pursuant to the demand. Unless the 20 party shows good cause for failing to file the appraisal, the court may 21 in its discretion either dismiss or grant the petition and such order 22 shall constitute a final adjudication of all issues raised in the 23 proceeding. 24 (b) Upon the serving and filing the appraisals pursuant to a demand 25 made under paragraph (a) of this subdivision, the court shall schedule a 26 conference with the parties to be held within [ninety] forty-five days 27 to discuss settlement, resolve disclosure and decide other pretrial 28 issues. 29 (c) After completion of the pretrial conference required by this 30 subdivision, the respondent may serve and file a written demand that 31 petitioner file a note of issue within thirty days of service of the 32 demand therefor. The demand shall be in writing and served by personal 33 delivery or certified mail, return receipt requested. Should the peti- 34 tioner fail to file a note of issue within thirty days of the service of 35 demand, the proceeding shall be deemed to have been abandoned, an order 36 dismissing the petition shall be entered without notice and such order 37 shall constitute a final adjudication of all issues raised in the 38 proceeding, unless the court or judge otherwise orders on good cause 39 shown. 40 (d) Should the respondent fail to demand that the petitioner file a 41 note of issue pursuant to paragraph (c) of this subdivision within 42 [four] two years from the date of the commencement of the proceeding, 43 and a note of issue has not otherwise been filed, the proceeding shall 44 be deemed to have been abandoned and an order dismissing the petition 45 shall be entered without notice and such order shall constitute a final 46 adjudication of all issues raised in the proceeding, except where the 47 parties otherwise stipulate or a court or judge otherwise orders on good 48 cause shown within such [four-year] two-year period. 49 3. For purposes of this section a "proceeding" shall include separate 50 proceedings involving parcels under common ownership or separate 51 proceedings consolidated pursuant to section seven hundred ten of this 52 title. 53 § 2. This act shall take effect on the first of January next succeed- 54 ing the date upon which it shall have become a law.
