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COUNTY OF FULTON v. STATE

76 N.Y.2d 675 (1990)

In the Matter of County of Fulton, Respondent, v. State of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided November 27, 1990.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Daniel Smirlock, O. Peter Sherwood and Peter H. Schiff of counsel), for State of New York and others, appellants.

John D. Chestara for Hudson River-Black River Regulating District, appellant.

James W. Roemer, Jr., and Victor M. DeBonis for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.

TITONE, J.

At issue in this appeal is whether the State of New York, as a property owner, may withhold payment of its local property taxes while it is challenging the amount of the assessment. Having found no indication of a legislative intent to exempt the State from the rule applicable to other taxpayers, we hold that, notwithstanding the pendency of a dispute over...

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