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PRODELL v. STATE OF NEW YORK

222 A.D.2d 178 (1996)

645 N.Y.S.2d 589

Albert G. Prodell et al., Individually and on Behalf of All Others Similarly Situated, et al., Respondents, v. State of New York et al., Appellants

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

July 18, 1996

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh and Peter G. Crary of counsel), for State of New York, appellant.

Schapiro & Reich, Lindenhurst (Perry S. Reich of counsel), and Murphy, Bartol & O'Brien, Mineola, for Town of Brookhaven, appellant.

Lewis & Greer, P. C., Poughkeepsie (J. Scott Greer of counsel), for respondents.

MERCURE, WHITE, CASEY and PETERS, JJ., concur.

CARDONA, P. J.

In 1980, the Suffolk County Tax Act (hereinafter the Act) was amended by the State Legislature to require towns in Suffolk County to pay for school tax refunds stemming from court-ordered assessment reductions (see, L 1980, ch 837, § 1 [hereinafter the 1980 Amendment]). In 1983, the Act was again amended to provide that upon any assessment reductions of nuclear power electrical generating...

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