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MATTER OF MOHONK TRUST v. BD. OF ASSESSORS OF THE TOWN OF GARDINER

64 A.D.2d 789 (1978)

In the Matter of The Mohonk Trust, Appellant, v. Board of Assessors of the Town of Gardiner, Respondent. (Action No. 1.) In the Matter of The Mohonk Trust, Appellant, v. Board of Assessors of the Town of Gardiner et al., Respondents. (Action No. 2.)

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

July 27, 1978

Judgments affirmed, without costs, on the decision of Pennock, J., at Trial Term. (See, also, Swedenborg v Lewisohn, 40 N.Y.2d 87.)

Mikoll, J. (dissenting).

I dissent and vote to reverse. Petitioner is an express trust created by agreement between Mabel C. Smiley (the donor) and six named trustees in 1963. Beginning in 1966 the trust acquired several parcels of real property totaling about 5,150 acres...

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