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MTR. OF LOCKPORT UNION-SUN v. PREISCH

7 A.D.2d 502 (1959)

In the Matter of Lockport Union-Sun & Journal, Inc., Respondent, v. Mabel B. Preisch, Clerk of The Board of Supervisors of Niagara County, Appellant

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

April 8, 1959.

Attorney(s) appearing for the Case

James P. Degnan, County Attorney, for appellant.

David E. Jeffery for respondent.

All concur, except GOLDMAN, J., who dissents and votes for affirmance in a separate opinion. Present — McCURN, P. J., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.

HALPERN, J.

This case turns upon the construction of a statute originally enacted in 1904, the meaning of which is strangely still the subject of controversy.

The statute is now to be found in section 12 of the Tax Law. So far as here relevant it reads as follows: "It shall be the duty of the board of assessors of the several towns of this state, and the boards or officials charged with the duty of assessing...

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