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FOSS v. CITY OF ROCHESTER

104 A.D.2d 99 (1984)

David A. Foss, Appellant, v. City of Rochester et al., Respondents, and Robert Abrams, as Attorney-General of The State of New York, Intervenor

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

November 7, 1984

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (Edward H. Fox of counsel), for appellant.

Louis N. Kash, Corporation Counsel (Susan Hauser of counsel), for respondents.

Robert Abrams, Attorney-General (William J. Kogan of counsel), for intervenor.

Dudley, Cantwell & McCale (Joseph McCale of counsel), for Park-Brunswick Neighborhood Association, amicus curiae.

DOERR, J. P., BOOMER, GREEN and O'DONNELL, JJ., concur.

SCHNEPP, J.

In this declaratory judgment action plaintiff challenges the constitutionality of section 305 and article 19 of the Real Property Tax Law and appeals from the grant of summary judgment to defendants declaring the legislative enactments valid and constitutional. These statutes were embraced within chapter 1057 of the Laws of 1981 and were designed to eliminate the 1975 Hellerstein (Matter...

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