LIBRARY DIST v. POUGHKEEPSIE


81 N.Y.2d 574 (1993)

618 N.E.2d 127

601 N.Y.S.2d 94

Greater Poughkeepsie Library District et al., Respondents, v. Town of Poughkeepsie, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1993.


Attorney(s) appearing for the Case

Corbally, Gartland & Rappleyea, Poughkeepsie (Jon Holden Adams of counsel), and Robert Cohen, Ballston Lake, for appellant.

Thomas P. Halley, Poughkeepsie, for Greater Poughkeepsie Library District, respondent.

Richard I. Cantor, Corporation Counsel, for City of Poughkeepsie, respondent.

Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.


Chief Judge KAYE.

Under a statute creating the Greater Poughkeepsie Library District (L 1987, ch 524), the City of Poughkeepsie and the Town of Poughkeepsie must levy a tax to fund the Library District in an amount fixed by the trustees of the Library District. The Town of Poughkeepsie contends that the statute violates the State Constitution because it delegates the power to tax in violation of articles III...

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