Matter of Doubleday & Co. v. Board of Assessors of Vil. of Garden City

In Matter of Doubleday & Co. v. Board of Assessors of Vil. of Garden City, 202 AD2d 424 [2d Dept 1994] the Court properly noted that, while a willful failure to appear before the Board on a complaint, or to submit information thereon, might be cause for dismissal of a subsequent action relating to that claim, two factors strongly supporting a finding of a lack of willfulness on the part of a petitioner were a failure by the Board itself to find willfulness, and/or that the petitioner/claimant failed to appear for a particular reason--i.e., due to the imminency of judicial proceedings on the complaint in that matter.