§ 718. When proceeding deemed abandoned. 1. Where a proceeding is
commenced pursuant to this article to review the assessment of a parcel
of real property which contains one, two or three family dwelling
residential real property, including such dwellings used in part for
nonresidential purposes, but which are used primarily for residential
purposes, and farm dwellings, or a parcel of real property which
contains residential real property consisting of more than three
dwelling units held in condominium form of ownership, or a parcel of
real property which contains land used in agricultural production which
is eligible for an agricultural assessment pursuant to section three
hundred five or three hundred six of the agriculture and markets law,
where the owner of such land has filed an annual application for an
agricultural assessment, and farm buildings and structures thereon, as
defined in subdivision two of section four hundred eighty-three of this
chapter, or any parcel of real property located in a city with a
population of one million or more, unless a note of issue is filed and
the proceeding is placed on the court calendar within four years from
the last date provided by law for the commencement of the proceeding,
the proceeding thereon shall be deemed to have been abandoned and an
order dismissing the petition shall be entered without notice and such
order shall constitute a final adjudication of all issues raised in the
proceeding, except where the parties otherwise stipulate or a court or
judge otherwise orders on good cause shown within such four-year period.

2. Where a proceeding is commenced pursuant to this article to review
the assessment of a parcel of real property which solely contains
property which is not subject to the provisions of subdivision one of
this section, a note of issue shall be filed in accordance with this
subdivision.

(a) Where a real property assessment challenge commenced under this
article has been pending for at least two years from the date of the
commencement of the proceeding, either party may demand, by serving a
written demand, that the parties file a written appraisal of the
property which is the subject of the proceeding and serve same within
one hundred twenty days of service of such demand. The demand shall be
in writing and served by personal delivery or certified mail, return
receipt requested. Both parties shall thereafter file an appraisal or
show good cause as to why such demand cannot be complied with within
such time period. Either party may move to dismiss the proceeding by
reason of the other party's failure to prosecute the proceeding and file
the appraisal pursuant to the demand. Unless the party shows good cause
for failing to file the appraisal, the court may in its discretion
either dismiss or grant the petition and such order shall constitute a
final adjudication of all issues raised in the proceeding.

(b) Upon the serving and filing the appraisals pursuant to a demand
made under paragraph (a) of this subdivision, the court shall schedule a
conference with the parties to be held within ninety days to discuss
settlement, resolve disclosure and decide other pretrial issues.

(c) After completion of the pretrial conference required by this
subdivision, the respondent may serve and file a written demand that
petitioner file a note of issue within thirty days of service of the
demand therefor. The demand shall be in writing and served by personal
delivery or certified mail, return receipt requested. Should the
petitioner fail to file a note of issue within thirty days of the
service of demand, the proceeding shall be deemed to have been
abandoned, an order dismissing the petition shall be entered without
notice and such order shall constitute a final adjudication of all
issues raised in the proceeding, unless the court or judge otherwise
orders on good cause shown.

(d) Should the respondent fail to demand that the petitioner file a
note of issue pursuant to paragraph (c) of this subdivision within four
years from the date of the commencement of the proceeding, and a note of
issue has not otherwise been filed, the proceeding shall be deemed to
have been abandoned and an order dismissing the petition shall be
entered without notice and such order shall constitute a final
adjudication of all issues raised in the proceeding, except where the
parties otherwise stipulate or a court or judge otherwise orders on good
cause shown within such four-year period.

3. For purposes of this section a "proceeding" shall include separate
proceedings involving parcels under common ownership or separate
proceedings consolidated pursuant to section seven hundred ten of this
title.