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NEWSDAY, INC. v. HUNTINGTON

82 A.D.2d 245 (1981)

Newsday, Inc., Respondent, v. Town of Huntington et al., Defendants, and Half Hollow Hills Central School District of Huntington et al., Appellants

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

July 27, 1981

Attorney(s) appearing for the Case

Ingerman, Smith, Greenberg & Gross (Bernard C. Smith of counsel), for appellants.

Faruolo, Caputi & Weintraub (Frank J. Faruolo, Jr. and Gary N. Weintraub of counsel), for respondent.

Robert L. Beebe (Henry E. Wyluda of counsel), for New York State Board of Equalization and Assessment, amicus curiae.

GULOTTA and MARGETT, JJ., concur with GIBBONS, J.; TITONE, J. P., dissents and votes to reverse the order, deny plaintiff's motion for summary judgment and grant summary judgment to appellants, with an opinion.

GIBBONS, J.

The resolution of the question presented here concerning the refusal of the Tax Assessor of the Town of Huntington to grant a tax exemption, pursuant to section 485-b of the Real Property Tax Law, entitled "Business investment exemption" (added L 1976, ch 278), must, at the outset, be approached by reference to the declared governmental purpose for the establishment of statutory tax exemptions as...

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