New York Real Property Tax Law Section 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.

Last modified: February 3, 2019