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KESSEL v. PURCELL

119 Misc.2d 449 (1983)

Richard M. Kessel et al., Petitioners, v. Francis T. Purcell, as Nassau County Executive, et al., Respondents.

Supreme Court, Special Term, Nassau County.

May 27, 1983

Attorney(s) appearing for the Case

Richard M. Kessel, petitioner pro se. Edward G. McCabe, County Attorney (Peter S. Williams of counsel), for Francis T. Purcell and others, respondents. Robert Abrams, Attorney-General (David A. Smith of counsel), for New York State Legislature and another, respondents.

GEORGE A. MURPHY, J.

In this article 78 proceeding the petitioners Richard M. Kessel and Mario V. Colleluori seek a judicial determination annulling chapter 18 of the Laws of 1983 which authorized the County of Nassau to increase its local sales tax from 3 to 4% effective June 1, 1983.

Petitioners argue that the statute is a nullity due to the failure of the respondent board of supervisors to adopt a formal home rule message requesting this taxing...

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