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MTR OF A & P v. KIERNAN

79 A.D.2d 371 (1981)

In the Matter of The Great Atlantic & Pacific Tea Company, Inc., Respondent-Appellant, v. Thomas J. Kiernan, as Assessor of The Town of Horseheads, et al., Appellants-Respondents, and Horseheads Central School District, Intervenor-Respondent-Appellant

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

March 5, 1981

Attorney(s) appearing for the Case

Levy, Feldman & Licata, P. C. (David M. Levy of counsel), for Horseheads Central School District, intervenor-respondent-appellant.

Louis J. Mustico, Town Attorney, for Thomas J. Kiernan and others, appellants-respondents.

Sayles, Evans, Brayton, Palmer & Tifft (Edward B. Hoffman of counsel), for the Great Atlantic & Pacific Tea Company, Inc., respondent-appellant.

SWEENEY, KANE, WEISS and HERLIHY, JJ., concur.

MAHONEY, P. J.

This tax certiorari proceeding involves one of the world's largest food processing plants. It was constructed in the mid-1960's by the Great Atlantic & Pacific Tea Company (A & P) in the Town of Horseheads in New York State's "Southern Tier". Pursuant to article 7 of the Real Property Tax Law, A & P sought a review of the tax assessments levied by the town for the years 1974 through...

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