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MTR. OF TOWN OF SMITHTOWN v. MOORE

11 N.Y.2d 238 (1962)

In the Matter of the Town of Smithtown, Appellant, v. Frank C. Moore et al., Constituting the State Board of Equalization and Assessment of the State of New York, Respondents.

Court of Appeals of the State of New York.

Decided April 26, 1962.

Attorney(s) appearing for the Case

Eugene L. Wishod for appellant.

Louis J. Lefkowitz, Attorney-General (Edward J. Grogan, Jr., Paxton Blair and George A. Radz of counsel), for respondents.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and FOSTER concur with Judge FULD; Judge FROESSEL dissents in a separate opinion.

FULD, J.

We granted leave to appeal in this case primarily to consider the question, of state-wide interest and application, whether the State Board of Equalization and Assessment was validly constituted when, in August of 1960, it fixed the equalization rate for a town for the year 1959.

Some 10 or 15 years ago, because of an increase of real estate values with which local assessments had not kept pace...

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