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MTR. OF STATEN IS. EDISON v. MOORE

6 A.D.2d 369 (1958)

In the Matter of Staten Island Edison Corporation, Respondent, v. Frank C. Moore et al., Constituting The State Board of Equalization and Assessment, Appellants, and City of New York, Intervenor-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 8, 1958.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Edward J. Grogan, Jr., John R. Davison and George A. Radz of counsel), for appellants.

Peter Campbell Brown, Corporation Counsel (Morris Einhorn and Morris Handel of counsel), for intervenor-appellant.

Patrick H. Sullivan, John V. Thorton and Bernard L. Sanoff for respondent.

BERGAN, J. P., GIBSON and REYNOLDS, JJ., concur with HERLIHY, J.; COON, J., dissents and votes to affirm, in a memorandum.

HERLIHY, J.

For the purpose of brevity, petitioner Staten Island Edison Corporation will hereafter be referred to as Petitioner; respondent State Board of Equalization and Assessment will hereafter be referred to as State Board and the intervenor City of New York will hereafter be referred to as Intervenor.

The State Board found the valuation of the special franchise property of the Petitioner for the...

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