N.Y. Real Property Tax Law § 740: Proceeding to review a special franchise assessment

§ 740. Proceeding to review a special franchise assessment. 1. A

special franchise assessment may be reviewed so far as practicable in

the manner prescribed by this article for reviewing an assessment of

real property. Notwithstanding any other provision of this article to

the contrary, an assessing unit may commence a proceeding under this

section on the ground that the value of the property, prior to the

application of the equalization rate pursuant to section six hundred six

of this chapter, is insufficient. This proceeding shall be consolidated

with any other proceeding commenced under this section by the owner of

the special franchise.

2. A petition and notice shall be served by delivering two copies to

the commissioner or to an officer or employee authorized by him or her

to accept service, not more than sixty days after the written notice of

the final assessment prescribed by section six hundred eighteen of this

chapter has been served. Where a proceeding is commenced by an assessing

unit in which a special franchise is situated, an additional copy shall

be filed by the petitioner with the owner of that special franchise.

Where a proceeding is commenced by a special franchise owner, the

petitioner, within ten days after service, shall file an additional copy

with the clerk of the city, town or village and with the clerk of the

school district in which that special franchise is situated except a

school district governed by the provisions of article fifty-two of the

education law.

3. Upon timely motion, an assessing unit or a special franchise owner

shall be permitted to intervene in a proceeding commenced by the other

under subdivision one of this section.

4. A proceeding to review a special franchise assessment shall be

maintained against the commissioner and not against any other board or

officer unless otherwise directed by the supreme court or a justice

thereof.

5. An adjudication made in any such proceeding shall be binding upon

(a) the owner of the special franchise in question, (b) the local

assessors and any ministerial officer who performs duties relative to

the collection of the taxes, in the same manner as though they had been

parties to the proceeding.