§ 740. Proceeding to review a special franchise assessment. 1. A
special franchise assessment may be reviewed so far as practicable in
the manner prescribed by this article for reviewing an assessment of
real property. Notwithstanding any other provision of this article to
the contrary, an assessing unit may commence a proceeding under this
section on the ground that the value of the property, prior to the
application of the equalization rate pursuant to section six hundred six
of this chapter, is insufficient. This proceeding shall be consolidated
with any other proceeding commenced under this section by the owner of
the special franchise.

2. A petition and notice shall be served by delivering two copies to
the commissioner or to an officer or employee authorized by him or her
to accept service, not more than sixty days after the written notice of
the final assessment prescribed by section six hundred eighteen of this
chapter has been served. Where a proceeding is commenced by an assessing
unit in which a special franchise is situated, an additional copy shall
be filed by the petitioner with the owner of that special franchise.
Where a proceeding is commenced by a special franchise owner, the
petitioner, within ten days after service, shall file an additional copy
with the clerk of the city, town or village and with the clerk of the
school district in which that special franchise is situated except a
school district governed by the provisions of article fifty-two of the
education law.

3. Upon timely motion, an assessing unit or a special franchise owner
shall be permitted to intervene in a proceeding commenced by the other
under subdivision one of this section.

4. A proceeding to review a special franchise assessment shall be
maintained against the commissioner and not against any other board or
officer unless otherwise directed by the supreme court or a justice
thereof.

5. An adjudication made in any such proceeding shall be binding upon
(a) the owner of the special franchise in question, (b) the local
assessors and any ministerial officer who performs duties relative to
the collection of the taxes, in the same manner as though they had been
parties to the proceeding.