Appellate Division of the Supreme Court of New York, 1977

City of Mount Vernon v. State Board of Equalization & Assessment

City of Mount Vernon v. State Board of Equalization & Assessment
Appellate Division of the Supreme Court of New York · Decided August 25, 1977
59 A.D.2d 597; 397 N.Y.S.2d 911; 1977 N.Y. App. Div. LEXIS 13397
City of Mount Vernon v. State Board of Equalization & Assessment

Opinion of the Court

Decision dated April 7, 1977 and order entered April 20, 1977 amended to provide that the reversal was on the law alone. Motion by respondent State Board of Equalization and Assessment for permission to appeal to the Court of Appeals granted, without costs. No issue of fact was considered by this court. Pursuant to CPLR 5713, this court certifies that the following question of law, decisive of the correctness of its determination, has arisen which in its opinion ought to be reviewed by the Court of Appeals: "Did Special Term err as a matter of law in granting a motion by defendants to dismiss the complaints in both actions?” Koreman, P. J., Sweeney, Kane, Mahoney and Larkin, JJ., concur.

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