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ANGELONE v. ROCHESTER

100 Misc.2d 917 (1979)

David J. Angelone et al., Plaintiffs, v. City of Rochester, Defendant.

Supreme Court, Monroe County.

September 18, 1979

Attorney(s) appearing for the Case

David J. Angelone, plaintiff pro se and for Mary Jane Angelone, plaintiff. Louis N. Kash, Corporation Counsel (Susan L. Hauser of counsel), for defendant.

MARSHALL E. LIVINGSTON, J.

Plaintiffs (Angelone) move for summary judgment declaring that Ordinance No. 79/307 of the Common Council of the City of Rochester, New York, entitled "An Ordinance Authorizing Refund of Unconstitutional Real Property Taxes paid in 1976-1977 and 1977-1978" be declared unconstitutional. The motion also seeks recovery, with interest, of the excess payments of taxes made by them under protest by reason of the 1974-1975,

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