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MATTER OF EXPRESSWAY VILL., INC. v. BREARLY

112 A.D.2d 718 (1985)

In the Matter of Expressway Village, Inc., Respondent, v. John D. Brearly, as Assessor of Town of Niagara, et al., Respondents, and Niagara-Wheatfield Central School District, Appellant

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

July 12, 1985

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum:

Although the Niagara-Wheatfield Central School District had no right to intervene in this tax certiorari proceeding (see, Vantage Petroleum v Board of Assessment Review, 91 A.D.2d 1037, affd 61 N.Y.2d 695

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