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MTR MOUNT KISCO v. STATE BD

101 A.D.2d 462 (1984)

In the Matter of Town of Mount Kisco et al., Petitioners, v. State Board of Equalization and Assessment et al., Respondents, and Town of Scarsdale, Intervenor-Respondent

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

May 24, 1984

Attorney(s) appearing for the Case

Galef & Jacobs (Lawrence Dittelman and Hazel W. Nourse of counsel), for petitioners.

Robert Abrams, Attorney-General (John Q. Driscoll and William J. Kogan of counsel), for State Board of Equalization and Assessment, respondent.

Marvin S. Fink for intervenor-respondent.

KANE and CASEY, JJ., concur with WEISS, J.; MAHONEY, P. J., and LEVINE, J., dissent and vote to annul in an opinion by LEVINE, J.

WEISS, J.

Pursuant to section 122.61 of the Westchester County Charter, each year the county's Tax Commission adopts the latest State Board of Equalization and Assessment (SBEA) schedule of equalization rates to establish the equalization rate for the towns and cities of Westchester County for purposes of apportioning county taxes. Here, the Tax Commission adopted and utilized the SBEA 1980 advisory schedule...

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