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ROCHESTER v. CHIARELLA

86 A.D.2d 110 (1982)

City of Rochester, Respondent, v. Angelo Chiarella et al., Individually and on Behalf of All Payers of Real Property Taxes to the City of Rochester for the Fiscal Years 1974-1975 through 1977-1978, Defendants, and Stephen J. Sercu et al., Appellants Rochester Gas and Electric Corporation, Appellant, v. City of Rochester, Respondent Rochester Telephone Corporation, Appellant, v. City of Rochester, Respondent. (Appeal No. 1.) City of Rochester, Appellant, v. Angelo Chiarella et al., Individually and on Behalf of All Payers of Real Property Taxes to the City of Rochester for the Fiscal Years 1974-1975 through 1977-1978, Respondents, and Stephen J. Sercu et al., Appellants. (Appeal No. 2.)

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

April 12, 1982

Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel, for City of Rochester, respondent.

Nixon, Hargrave, Devans & Doyle (Michael Tomaino of counsel), for Rochester Gas and Electric Corp. and Rochester Telephone Corp., appellants.

Harter, Secrest & Emery (Kenneth Payment of counsel), for general class, respondents.

David J. Angelone for Stephen J. Sercu and another, appellants.

Johnson, Mullan, Brundage & Keigher, P. C. (Byron Johnson of counsel), for subclass B representatives, amicus curiae.

DILLON, P. J., HANCOCK, JR., DENMAN and MOULE, JJ., concur.

DOERR, J.

In Angelone v City of Rochester (72 A.D.2d 445, affd 52 N.Y.2d 982), we held that Ordinance No. 79-307 which was adopted by the City of Rochester in order to establish a special capital fund to pay the tax refunds which were mandated by Waldert v City of Rochester (44 N.Y.2d 831...

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