GANDOLFI v. CITY OF YONKERS


101 A.D.2d 188 (1984)

Valentino Gandolfi et al., Respondents-Appellants, v. City of Yonkers et al., Appellants-Respondents. (Action No. 1.) Platzner Organization et al., Respondents, v. David A. Shulman, as Commissioner of Finance of The County of Westchester, et al., Appellants. (Action No. 2.)

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

April 23, 1984


Attorney(s) appearing for the Case

Henry J. Logan, County Attorney (Lester D. Steinman and Kenneth E. Powell of counsel), for the County of Westchester, appellant-respondent in Action No. 1 and appellant in Action No. 2, and the Westchester County Board of Legislators and another, appellants in Action No. 2.

Arthur J. Doran, Jr., Corporation Counsel (Joseph E. St. Onge and Stephen J. Mignano of counsel), for the City of Yonkers, appellant-respondent in Action No. 1 and appellant in Action No. 2.

Maxwell E. Charat, Corporation Counsel (Daniel W. Boddie of counsel), for the City of New Rochelle, appellant in Action No. 2.

Barbara Gunther, Corporation Counsel, for the City of Mount Vernon, appellant in Action No. 2.

Frederick J. Adler for respondents-appellants in Action No. 1.

Lovett & Gould (Jonathan Lovett of counsel), for the Platzner Organization and others, respondents in Action No. 2.

Robert Abrams, Attorney-General (Peter H. Schiff, Melvyn R. Leventhal, Richard G. Liskov and August L. Fietkau of counsel), intervenor in support of the constitutionality of section 1262-b of the Tax Law.

LAZER, THOMPSON and RUBIN, JJ., concur.


TITONE, J. P.

These consolidated appeals call upon us to determine the constitutional validity of section 1262-b of the Tax Law. That statute1, which is expressly made operative only "until such time as the real property tax limitations in the constitution of the state of New York with respect to cities are increased", authorizes Westchester...

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