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MATTER OF EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES v. BD. OF ASSESSORS

153 A.D.2d 686 (1989)

In the Matter of Equitable Life Assurance Society of the United States, Respondent-Appellant, v. Board of Assessors et al., Respondents, and Valley Stream Union Free School District No. 30, Appellant-Respondent

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

August 21, 1989

Ordered that the order and judgment is reversed insofar as appealed from and cross-appealed from, on the law, without costs or disbursements, that branch of the petitioner's motion which was for partial summary judgment for refunds of excess taxes paid is denied, the proceeding is dismissed as against the appellant-respondent, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

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