Bowery Savings Bank v. Board of Assessors of the County of Nassa
Bowery Savings Bank v. Board of Assessors of the County of Nassa
Opinion of the Court
OPINION OF THE COURT
Memorandum.
In each matter, the judgment of Supreme Court. and the order of the Appellate Division brought up for review should be affirmed, with costs.
In their present posture, these appeals present only one
Section 6-26.0 (b) (3) (c) of the Nassau County Administrative Code, the relevant statute, provides:
"(c) Notwithstanding any provisions of this chapter, or any other general or special law to the contrary, any deficiency existing or hereafter arising from a decrease in an assessment or tax under subdivisions one, four and seven of section 6-24.0, or sections 6-12.0 or 5-72.0 of the code, or by reason of exemptions or reductions of assessments shall be a county charge” (emphasis added).
The statute’s unambiguous language requires that the County be held liable for the tax refunds inasmuch as "deficiencies] existing or hereafter arising * * * by reason of exemptions * * * shall be a county charge.” The result is consistent with the statutory taxing scheme existing in Nassau County. The County Board of Assessors exclusively prepares the assessment rolls for State, county, town, special district and school taxes and, consistent with these responsibilities, the Legislature imposed responsibility for all taxing errors emanating from these assessment rolls solely upon the County (see, Assembly Mem in Support of Bill, Bill Jacket, L 1948, ch 851, at 8-9). The County, therefore, should bear the
Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur; Judge Smith taking no part.
In each case: Judgment of Supreme Court and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.
A review of the lengthy history of these cases is set forth in Corporate Prop. Investors v Board of Assessors (153 AD2d 656).
Reference
- Full Case Name
- In the Matter of Bowery Savings Bank v. Board of Assessors of the County of Nassau, Appellants Coliseum Hotel Associates v. Uniondale Union Free School District No. 2, and Board of Assessors of the County of Nassau, Appellants In the Matter of Corporate Property Investors v. Uniondale Union Free School District No. 2, and Board of Assessors of the County of Nassau, Appellant Corporate Property Investors v. Board of Assessors of the County of Nassau, and Garden City Union Free School District No. 18, Respondents In the Matter of Equitable Life Assurance Society of the United States v. Board of Assessors of the County of Nassau, and Valley Stream Union Free School District No. 30, Respondent In the Matter of Jericho-Westbury Indoor Tennis, Inc. v. Board of Assessors of the County of Nassau, and Jericho Union Free School District No. 15, Proposed Respondent Reckson Associates v. Uniondale Union Free School District No. 2, and Board of Assessors of the County of Nassau, Appellants In the Matter of Coliseum Towers Associates v. Robert D. Livingston, as Receiver of Taxes of the Town of Hempstead, and Board of Supervisors of the County of Nassau, Appellants In the Matter of Jericho Properties No. 1 v. Gary F. Musiello, as Receiver of Taxes of the Town of Oyster Bay, and Board of Supervisors of the County of Nassau, Appellants In the Matter of Jericho Quadrangle One Company v. Gary F. Musiello, as Receiver of Taxes of the Town of Oyster Bay, and Board of Supervisors of the County of Nassau
- Cited By
- 22 cases
- Status
- Published