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LILCO v. BROOKHAVEN ASSESSOR

154 A.D.2d 188 (1990)

In the Matter of Long Island Lighting Company, Respondent, v. Assessor of the Town of Brookhaven et al., Appellants, and Shoreham-Wading River Central School District, Intervenor-Appellant

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

March 2, 1990

Attorney(s) appearing for the Case

Murphy & Bartol (Cathleen M. Deutsch of counsel), for Assessor of the Town of Brookhaven and another, appellants.

Lewis & Greer, P. C. (Lou Lewis of counsel), for intervenor-appellant.

Shea & Gould (John B. Grant, Jr., Michael Lesch, Peter C. Neger and Richard L. Gabriel of counsel), and Anthony F. Earley, Jr., for respondent. (One brief filed.)

MOLLEN, P. J., BROWN, KOOPER and MILLER, JJ., concur.

Per Curiam.

Within the context of these tax certiorari proceedings we are again asked to pass upon the constitutionality of an aspect of a portion of the Long Island Power Authority Act of 1986 (Public Authorities Law §§ 1020 — 1020-hh) (see, Long Is. Light. Co. v Mack, 137 A.D.2d 285). The issues raised herein relate particularly to Public Authorities Law...

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