Section 714. Answer in city having a population of one million or more  


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  • 1.
      In  a  proceeding  brought to review an assessment of real property in a
      city having a population of one million  or  more,  the  respondent  may
      serve  a  verified  answer  upon the petitioner within twenty days after
      service of the petition.  If the respondent fails to serve  such  answer
      within  the  required  time,  all  allegations  of the petition shall be
      deemed denied.  A proceeding shall be placed upon the court calendar for
      hearing by serving a copy of, and filing, a note of issue as provided in
      an action.  When an answer is deemed to have  been  made,  a  motion  to
      dismiss  the  petition  must  be  made prior to the service of a note of
      issue, except that a motion to dismiss the petition, where it appears on
      the face thereof that the  court  does  not  have  jurisdiction  of  the
      subject  of  the  proceeding  or  that the petition does not state facts
      sufficient to warrant relief under the provisions of this  article,  may
      be  made  at  any time prior to the hearing, and the failure to serve an
      answer shall not be ground for denying such a motion.
        2.  If the respondent has not served an answer or moved to dismiss the
      petition prior to the service of a note of issue, except as hereinbefore
      provided, in order to raise an  objection  to  the  sufficiency  of  the
      petition  or  assert  an  affirmative  defense upon the hearing, he must
      serve upon the petitioner within forty days after the service of a  note
      of  issue,  a  notice  containing  a  statement  of  the  nature of such
      objection or such defense, unless for good cause the time to serve  such
      notice  is  extended  by  the court or a justice thereof, on an order to
      show cause.  Unless the petitioner and respondent stipulate  in  writing
      for  a  hearing  at  an earlier date, no hearing shall be held less than
      thirty days after service of such notice upon the petitioner.
        3.   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 or
      notice provided for in subdivision two hereof.