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HELLERSTEIN v. ASSESSOR, ISLIP

37 N.Y.2d 1 (1975)

In the Matter of Pauline Hellerstein, Appellant, v. Assessor of the Town of Islip, Respondent.

Court of Appeals of the State of New York.

Decided June 5, 1975.

Attorney(s) appearing for the Case

Jerome R. Hellerstein for appellant.

Francis G. Caldeira, Town Attorney (Ernest J. Cannava of counsel), for respondent.

Judges JASEN, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JONES dissents and votes to affirm in a separate opinion in which Chief Judge BREITEL and Judge GABRIELLI concur.

WACHTLER, J.

Petitioner, an owner of real property located on Fire Island, claims that the entire assessment roll for the Town of Islip is void. The argument has been raised in a proceeding instituted pursuant to article 7 of the Real Property Tax Law which permits court review of an assessment upon a complaint of illegality, overvaluation or inequality (see Real Property Tax Law, § 706). There is no claim...

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