IN RE: Josephine ROSSI (2004)

Appeal from an order of the Supreme Court (Ceresia Jr., J.), entered December 1, 2003 in Albany County, which, inter alia, dismissed petitioner's application, in a proceeding pursuant to RPTL article 7, to declare certain real property partially tax exempt.

Petitioner attempted to commence this tax certiorari proceeding pursuant to RPTL article 7 to review the denial of her request for a partial tax exemption.   In addition to filing the petition to review her real property assessment one day late (see RPTL 702[2], [3] ), petitioner also filed it with the wrong clerk (see CPLR 304;  County Law § 525[1];  see also Matter of Mendon Ponds Neighborhood Assn. v. Dehm, 98 N.Y.2d 745, 751 N.Y.S.2d 819, 781 N.E.2d 883 [2002] ).   In fact, the petition was not filed with the correct clerk until eight weeks after the statutory deadline had expired.   Under these circumstances, dismissal was required (see Matter of Mendon Ponds Neighborhood Assn. v. Dehm, supra;  see also Matter of Abramov v. Board of Assessors of Town of Hurley, 257 A.D.2d 958, 684 N.Y.S.2d 326 [1999], lv. denied 93 N.Y.2d 813, 697 N.Y.S.2d 561, 719 N.E.2d 922 [1999] ).

Petitioner's remaining contentions have been reviewed and determined to be without merit.

ORDERED that the order is affirmed, without costs.

CARPINELLO, J.

CARDONA, P.J., MERCURE, PETERS and SPAIN, JJ., concur.