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CARNEY v. PHILIPPONE

1 N.Y.3d 333 (2004)

806 N.E.2d 131

774 N.Y.S.2d 106

BURNELL G. CARNEY et al., by L. DAVID ZUBE, as Chapter 11 Trustee, Appellants, v. JAMES V. PHILIPPONE, Respondent.

Court of Appeals of the State of New York.

Decided February 12, 2004.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell, LLP, Binghamton (Philip J. Kramer of counsel), for appellants.

Costello, Cooney & Fearon, PLLC, Syracuse (Robert J. Smith and Nicole M. Marlow of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur; Judge R.S. SMITH taking no part.

OPINION OF THE COURT

Chief Judge KAYE.

Two questions involving the Onondaga County Tax Act have been certified to this Court by the United States Court of Appeals for the Second Circuit. While the answers require analysis and elaboration, one conclusion is plain on its face: piecemeal amendments to the statute have resulted in seeming inconsistencies, and the Act would benefit from comprehensive legislative...

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