HONEOYE SCH DIST v. BERLE


99 Misc.2d 20 (1979)

In the Matter of Honeoye Central School District, Town of Livonia, et al., Petitioners, v. Peter A. A. Berle, as Commissioner of Environmental Conservation of the State of New York, et al., Respondents. (Proceeding No. 1.) In the Matter of the Town of Canadice et al., Petitioners, v. New York State Department of Environmental Conservation et al., Respondents. (Proceeding No. 2.) In the Matter of the City of Rochester, Petitioner, v. Assessors of the Town of Livonia, Respondents. (Proceeding No. 3.) In the Matter of the City of Rochester, Petitioner, v. Assessors of the Town of Springwater, Respondents. (Proceeding No. 4.) In the Matter of the City of Rochester, Petitioner, v. Assessors of the Town of Conesus, Respondents. (Proceeding No. 5.) In the Matter of the City of Rochester, Petitioner, v. Assessors of the Town of Canadice, Respondents. (Proceeding No. 6.) In the Matter of the City of Rochester, Petitioner, v. Assessors of the Town of Richmond, Respondents. (Proceeding No. 7.)

Supreme Court, Livingston County, Ontario County

March 1, 1979.


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Robert G. Harvey of counsel), for petitioners in Proceeding No. 1 and respondents in Proceeding No. 3. James F. Miller and David G. Retchless (Levy, Feldman & Licata, P. C., of counsel), for petitioners in Proceeding No. 2 and respondents in Proceeding No. 6. Louis N. Kash, Corporation Counsel (Susan L. Hauser of counsel), for City of Rochester, respondents in Proceedings Nos. 1 and 2 and petitioners in Proceedings Nos. 3-7. William S. Zielinski, Jr., for respondents in Proceeding No. 4. J. Michael Jones for respondents in Proceeding No. 5. Frederic T. Henry, Jr., (Levy, Feldman & Licata, P. C., of counsel), for respondent in Proceeding No. 7. Louis J. Lefkowitz, Attorney-General (James A. Sevinsky of counsel), for Department of Environmental Conservation of the State of New York and others, respondents in Proceedings Nos. 1 and 2.


March 1, 1979 (Proceeding Nos. 2, 6 and 7.)

ARTHUR E. BLAUVELT, J.

These are two CPLR article 78 proceedings and five article 7 (Real Property Tax Law) proceedings. The CPLR article 78 proceedings (Proceedings Nos. 1 and 2) seek judgments annulling the certifications of eligibility of certain forest lands owned by the City of Rochester in Livingston and Ontario Counties for partial tax exemption under...

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