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MTR BURROWS v. BOARD

98 A.D.2d 250 (1983)

In the Matter of Mortimer T. Burrows, Jr., et al., Respondents, v. Board of Assessors for the Town of Chatham, Appellant, et al., Respondents, and Robert Abrams, as Attorney-General of The State of New York, Intervenor-Appellant. (And Another Proceeding.)

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

December 29, 1983

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Nancy A. Spiegel and William J. Kogan of counsel), for intervenor-appellant pro se.

Connor, Curran, Connor & Schram (Theodore Guterman, II, of counsel), for Mortimer T. Burrows, Jr., and others, respondents.

SWEENEY, J. P., KANE and WEISS, JJ., concur with CASEY, J.; LEVINE, J., dissents and votes to reverse in a separate opinion.

CASEY, J.

Subdivision 5 of section 458 of the Real Property Tax Law was applicable to the assessments challenged in these proceedings, and since the different treatment of similarly situated veterans resulting from the classification created by that statute lacks a rational basis and conflicts with the objective of the legislation, Special Term's judgments ordering an increase in petitioners' veterans' exemptions...

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