BD. OF EDUC., CENT. SCH. DIST. NO. 7, TOWN OF ISLIP v. TOWN OF ISLIP


15 A.D.2d 789 (1962)

Board of Education, Central School District No. 7, Town of Islip, Appellant, v. Town of Islip et al., Respondents

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

February 13, 1962


Order insofar as appealed from affirmed, with $10 costs and disbursements.

In dismissing the complaint, the Special Term held that plaintiff did not have legal capacity to sue, since it was not a party aggrieved by the assessor's determination that the airport property was exempt from taxation. While it is doubtful that the motion was properly made on the ground stated (cf. Kittinger v. Churchill Evangelistic Assn., 239 App. Div. 253, 256; Field v. Allen...

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