New York Court of Appeals, 1981

Angelone v. City of Rochester

New York Court of Appeals · Decided February 17, 1981

52 N.Y.2d 982; 420 N.E.2d 85; 438 N.Y.S.2d 287; 1981 N.Y. LEXIS 2220

Cases that cite this one

11 later published cases cite this decision.

City of Rochester v. Chiarella (N.Y. 1985)
City of Rochester v. Chiarella (New York Supreme Court 1983)
City of Buffalo v. Wysocki (New York Supreme Court 1982)
Duffy v. Wetzler (New York Supreme Court 1990)
Corporate Property Investors v. Board of Assessors (Appellate Division of the Supreme Court of New York 1989)
K. Capolino Design & Renovation, Ltd. v. Assessors of Yonkers (New York Supreme Court 1987)
City of Rochester v. Chiarella (Appellate Division of the Supreme Court of New York 1984)
City of Rochester v. Chiarella (N.Y. 1983)
City of Rochester v. Chiarella (Appellate Division of the Supreme Court of New York 1982)
Cecere v. Geneva Enlarged City School District (Appellate Division of the Supreme Court of New York 1981)
10 Lafayette Square Holdings v. City of Buffalo (New York Supreme Court 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for reasons stated by Justice Richard J. Cardamone at the Appellate Division (72 AD2d 445).

We note, however, that we have no occasion to consider whether that portion of the city’s ordinance which establishes an equitable claim for a tax refund on behalf of all taxpayers within the city, considered separately, would constitute an unconstitutional gift (see NY Const, art VIII, § 1). Inasmuch as the local legislature obviously intended the ordinance to operate only as an integrated unit, we cannot say that the section which creates the equitable claims should be given effect notwithstanding the patent invalidity of the other sections of the ordinance (see McKinney’s Cons Laws of NY, Book 1, Statutes, § 150).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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