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MATTER OF O'HARA v. BD. OF SUPERVISORS OF SUFFOLK COUNTY

44 Misc.2d 572 (1964)

In the Matter of John E. O'Hara et al., Respondents, v. Board of Supervisors of Suffolk County, Appellant.

Supreme Court, Appellate Term, Second Department.

November 18, 1964

Attorney(s) appearing for the Case

George W. Percy, Jr., County Attorney (Stanley S. Corwin of counsel), for appellant. Richard D. Field for respondent. Heyman Rothbart for Veterans of Foreign Wars, amicus curiæ. Francis L. Giordano for American Legion, amicus curiæ.

Concur — GULOTTA, PETTE and GROAT, JJ.

Per Curiam.

Police protection is a basic, necessary governmental function and as such is, in our opinion, the subject of general taxation against which a veteran's real property tax exemption is applicable. Such protection was not made the basis for special assessment or special district taxes by merely designating the protected area as a "police district" thereby depriving the veteran of his exemption. We do not...

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