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ANGELONE v. ROCHESTER

72 A.D.2d 445 (1980)

David J. Angelone et al., Respondents, v. City of Rochester, Appellant

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

February 20, 1980

Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel (Susan L. Hauser of counsel), for appellant.

David J. Angelone respondent pro se, and for Mary J. Angelone, respondent.

SIMONS, HANCOCK, JR., SCHNEPP and WITMER, JJ., concur.

CARDAMONE, J. P.

This litigation results from the Court of Appeals holding in Waldert v City of Rochester (44 N.Y.2d 831, modfg 61 A.D.2d 147) which directs the City of Rochester to refund property taxes it collected for the years 1976-1978 in excess of the 2% limitation in the State Constitution (NY Const, art VIII, § 10). The...

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