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MATTER OF O'BRIEN v. ASSESSOR

20 N.Y.2d 587 (1967)

In the Matter of Raymond D. O'Brien et al., Respondents, v. Assessor of the Town of Mamaroneck et al., Appellants.

Court of Appeals of the State of New York.

Decided November 29, 1967.

Attorney(s) appearing for the Case

James J. Johnston for Town of Mamaroneck and George P. Forbes, Jr., for Village of Larchmont, appellants.

James M. O'Brien and J. Russell Clune for respondents.

Chief Judge FULD and Judges SCILEPPI and KEATING concur with Judge BERGAN; Judge BREITEL dissents and votes to affirm in a separate opinion in which Judges VAN VOORHIS and BURKE concur.

BERGAN, J.

In this consolidated proceeding by petitioners pursuant to article 7 of the Real Property Tax Law to review real estate tax assessments in the Town of Mamaroneck and the Village of Larchmont, two separate questions arise: (a) whether the stipulations by the tax districts in the record as to the State rates of equalization were admissions merely of the actual fact as to the rates without admitting their...

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