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MTR ROCHESTER v. MONROE

114 Misc.2d 191 (1982)

In the Matter of the City of Rochester, Petitioner, v. County of Monroe et al., Respondents.

Supreme Court, Monroe County.

May 26, 1982

Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel (Michael J. Looby of counsel), for petitioner. John D. Doyle, County Attorney (Christine E. Burke of counsel), for Monroe County and another, respondents. Lines, Wilkens, Osborn & Beck (Kevin S. Cooman, Craig J. Zicari, Daniel R. Mooney, William T. Lehman and Jeffrey M. Wilkens of counsel), for Town of Brighton and others, respondents. Anthony M. Sortino, Town Attorney, for Town of Irondequoit, respondent. Easton & Bittker (William E. Easton of counsel), for Greece School District, respondent. Robert L. Burkwit and Philip S. Glickman for Village of Brockport and others, respondents.

WILMER J. PATLOW, J.

This is a CPLR article 78 proceeding brought by the City of Rochester to recover the sum of $1,625,217.21, plus interest, from the County of Monroe on the grounds that the county's April, 1981 distribution of retail sales and compensating use tax revenues for the period from December 1, 1980 through February 28, 1981 was erroneously based upon the 1980, rather than the 1970, Federal census...

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