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MTR NIAGARA MOHAWK v. CUTLER

109 A.D.2d 403 (1985)

In the Matter of Niagara Mohawk Power Corporation, Appellant, v. Elaine Cutler, as Chief Assessor of The Town of Day, et al., Respondents

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

July 18, 1985

Attorney(s) appearing for the Case

Lee, LeForestier, Malone & Hanft, P. C. (David R. Murphy of counsel), for appellant.

Roger L. Paul for Robert Spence, respondent.

John W. Sutton for Melvin Hatley, respondent.

Phil Sloan and Robert L. Beebe for State Board of Equalization and Assessment, amicus curiae.

KANE, J. P., MAIN, YESAWICH, JR., and LEVINE, JJ., concur.

CASEY, J.

At issue on this appeal is the validity of the 1982 and 1983 real property tax assessments entered against petitioner as to certain "water rights" by the assessors in three Saratoga County towns containing lands submerged by waters impounded by the Conklingville Dam on the Sacandaga River (Great Sacandaga Lake). We hold that those "water rights" were improperly included in the assessment rolls prepared...

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