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CON ED v. BD OF EQUALIZATION

83 A.D.2d 355 (1981)

In the Matter of Consolidated Edison Company of New York, Inc., Respondent, v. State Board of Equalization and Assessment, Appellant, and Village of Pleasantville et al., Intervenors-Appellants

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

December 3, 1981

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Vernon Stuart and Shirley Adelson Siegel of counsel), for appellant.

Ernest J. Williams, Wien, Lane & Malkin (Mark S. Tulis of counsel), for respondent.

Whiteman, Osterman & Hanna (Michael Whiteman of counsel), for Westchester Municipalities, intervenors-appellants.

Allen G. Schwartz, Corporation Counsel (John P. MacArthur of counsel), for City of New York, intervenor-appellant.

CASEY and YESAWICH, JR., JJ., concur with HERLIHY, J.; KANE, J. P., and MIKOLL, J., concur in part and dissent in part in an opinion by MIKOLL, J.

HERLIHY, J.

Petitioner Consolidated Edison Company of New York, Inc., a public utility corporation, commenced this proceeding pursuant to article 7 of the Real Property Tax Law to challenge the assessments levied by the respondent State Board of Equalization and Assessment (SBEA) against its special franchise properties which are valued by its own estimates at over $2,000,000,000. SBEA, which has the exclusive...

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