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KENFORD CO. v. LEGISLATURE, CO. OF ERIE

45 A.D.2d 210 (1974)

In the Matter of Kenford Company, Inc., Appellant, v. Legislature of the County of Erie et al., Respondents Kenford Company, Inc., Respondent, v. Legislature of the County of Erie et al., Appellants

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

July 5, 1974.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Victor T. Fuzak of counsel), for Kenford Company, Inc., appellant.

James L. Magavern, County Attorney (Martin A. Schnorr of counsel), for Legislature of County of Erie and another, respondents.

Dominic J. Terranova (Timothy J. Dwan of counsel), for O. R. Connelly, respondent.

MARSH, P. J., WITMER and SIMONS, JJ., concur.

GOLDMAN, J.

Petitioner Kenford Company, Inc. [Kenford] brought this article 78 proceeding against the Legislature of the County of Erie [County] and O. R. Connelly as Receiver of Taxes and Assessments of the Town of Lancaster, New York [Town] to set aside and have declared void certain tax bills relating to properties in the Town of Lancaster for the fiscal years of 1972 and 1973. Kenford also attempted to enjoin...

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