Section 712. Answer  


Latest version.
  • 1. The respondent shall serve a verified answer upon
      the petitioner at least five days prior to the  return  day  unless  the
      time  to serve such answer has been extended by the parties or the court
      for good cause shown; provided, however, that if the respondent fails to
      serve such answer within the  required  time,  all  allegations  of  the
      petition shall be deemed denied.  A motion to dismiss the petition shall
      not be denied merely on the ground that an answer has been deemed made.
        2.    The  respondent  shall  not  be  required to attach the original
      assessment roll or other original papers acted upon by him, but it shall
      be sufficient to incorporate the same by reference in the answer.
        2-a. After receiving a copy of the petition  and  notice,  any  school
      district,  except a school district governed by article fifty-two of the
      education law, or a school district  in  a  special  assessing  unit  as
      defined  in  article  eighteen of this chapter which is not a city, or a
      school district 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, may become  a  party
      in  the proceeding initiated by petitioner to review its tax assessment,
      by serving a verified answer upon the petitioner and  respondent  or  by
      serving  a copy of the "notice of appearance", as described herein, upon
      the petitioner and respondent at least five days  prior  to  the  return
      date  unless  the  time  to  serve  such answer has been extended by the
      parties or by the court for  good  cause  shown  or  unless  the  school
      district  did  not  receive the notice at least twenty days prior to the
      return date, in which case the school district shall  have  twenty  days
      from  the  receipt  of  notice  to  intervene  as  a  respondent  in the
      proceeding.   In the event the school district  serves  a  copy  of  the
      "notice  of appearance" upon the petitioner and respondent, for purposes
      of the action, all allegations of the petition shall be deemed denied by
      the school district.
        2-b. The "notice of appearance" described in subdivision two-a of this
      section shall include the following items: the caption of the  case  and
      index  number,  a  statement  of  the  intent  of the school district to
      intervene in the action, and a statement  that  this  notice  is  deemed
      sufficient to fulfill the requirements of this section.
        3.   The provisions of this section shall not apply in a city having a
      population of one million or more.