(a) upon approval of a justice of the supreme court, the adjoining assessing unit agrees in writing that the real property may be so assessed and in which event the adjoining assessing unit shall not assess such real property; or

(b) a judgment of the supreme court is entered in a proceeding pursuant to section two hundred twenty-eight of the county law determining that such real property is not located in the adjoining assessing unit. 3. At least thirty days prior to the return date thereof, a copy of any application for judicial approval of an agreement or any pleading initiating a judicial proceeding pursuant to subdivision two of this section shall be served personally or by certified mail upon each owner, last known owner or reputed owner of real property affected thereby. 4. The entry of real property described in subdivision one of this section in a manner contrary to the provisions of this section shall constitute an unlawful entry as defined in paragraph b of subdivision seven of section five hundred fifty of this chapter. 5. Real property entered on an assessment roll as provided by subdivision two of this section shall not be subject to the provisions of section five hundred fifty-one of this chapter relating to the entry of omitted property on current assessment roll, nor shall the provisions relating to refunds of taxes provided by section five hundred fifty-six of this chapter apply as regards the entry of such real property on an assessment roll of an adjoining assessing unit for preceding years.