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WHITE PLAINS v. DEL BELLO

87 A.D.2d 483 (1982)

City of White Plains, Appellant, v. Alfred Del Bello, as County Executive of The County of Westchester, et al., Respondents

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

July 6, 1982

Attorney(s) appearing for the Case

Charles A. Bradley, Corporation Counsel (James W. Glatthaar and Joseph W. Henneberry of counsel), for appellant.

Samuel S. Yasgur, County Attorney (Lester D. Steinman of counsel), for the County respondents.

Robert Abrams, Attorney-General (David Pollack and George D. Zuckerman of counsel), for the State respondents.

MANGANO, J. P., O'CONNOR and THOMPSON, JJ., concur.

GIBBONS, J.

On December 28, 1981, the Westchester County Board of Legislators enacted legislation increasing the county sales tax rate from 1% to 1½%. At the time, the sales tax being imposed by plaintiff City of White Plains was 2%. By constraint of section 1223 of the Tax Law, the aggregate rate of tax imposed by a county and any city within that county (pursuant to section 1210 of the Tax Law) may not...

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