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FALLICA v. TN OF BROOKHAVEN

69 A.D.2d 579 (1979)

Frank Fallica et al., Individually and as Members of the Board of Fire Commissioners of The Holtsville Fire District, Appellants, v. Town of Brookhaven et al., Respondents

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

August 6, 1979

Attorney(s) appearing for the Case

Frederic Block (Joel Markowitz of counsel), for appellants.

Joseph R. Mule, Town Attorney (Benjamin L. Herzweig of counsel), for respondents.

GULOTTA and COHALAN, JJ., concur with SHAPIRO, J.; SUOZZI, J. P., and LAZER, J., dissent and vote to affirm the judgment, with separate opinions; SUOZZI, J. P., concurs in the dissenting opinion of LAZER, J.

SHAPIRO, J.

In the judgment appealed from, Special Term made the following determinations:

"ORDERED, ADJUDGED and DECREED that the Internal Revenue Service Center located in Holtsville, New York, which is owned by the Town of Brookhaven and leased to the United States of America, is exempt from real property taxation, exempt from taxes levied by the Holtsville Fire District, exempt from special ad valorem...

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