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  5. 61 N.Y.2d 695 (1984)
 

VANTAGE PETROLEUM, BAY ISLE OIL CO., INC., v. BD. OF ASSESSMENT REVIEW OF THE TOWN OF BABYLON

61 N.Y.2d 695 (1984)

Vantage Petroleum, Bay Isle Oil Co., Inc., Bay Isle Oil Corp., Respondent, v. Board of Assessment Review of the Town of Babylon et al., Respondents. Board of Education, Lindenhurst Union Free School District No. 4, Town of Babylon, Appellant.

Court of Appeals of the State of New York.

Decided January 10, 1984.

Attorney(s) appearing for the Case

Eugene L. Wishod for appellant.

Laureen Cronin for petitioner-respondent.

Lou Lewis for Shoreham-Wading River School District, amicus curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative.

The appeal raises the question whether a board of education in the County of Suffolk may intervene in a tax certiorari proceeding involving property within the district. To the extent that the application sought intervention by permission under CPLR 1013, the exercise of discretion...

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