Opinion
August 12, 1996
In a proceeding pursuant to RPTL article 7 to review assessments of real property, the appeal is from an order of the Supreme Court, Suffolk County (Werner, J.), dated March 20, 1995, which granted the petition of the Town of Babylon to dismiss the appellant's small claims assessment review complaints.
Ordered that the order is affirmed, with costs.
RPTL 525 (2) (a) provides, in relevant part, that on the date set for a hearing and determination of a complaint concerning a property tax assessment, "[i]f the person whose real property is assessed, or his agent or representative, shall willfully neglect or refuse to attend and be so examined, or to answer any question put to him relevant to the complaint or assessment, such person shall not be entitled to any reduction of the assessment subject to the complaint" (emphasis supplied; see, Matter of Fox Meadows Partners v Board of Assessment Review, 227 A.D.2d 400; Matter of Doubleday Co. v Board of Assessors, 202 A.D.2d 424). Here, the appellant failed to appear on the designated Grievance Day and failed to furnish necessary documentation at that time. The Board's determination that the appellant's noncompliance was willful was therefore supported by the record ( see, Matter of Fox Meadows Partners v Board of Assessment Review, supra; Matter of Jakubovitz v Dworschak, 67 A.D.2d 977). Bracken, J.P., Santucci, Goldstein and McGinity, JJ., concur.