LIPA v. SHOREHAM-WADING DIST.


88 N.Y.2d 503 (1996)

670 N.E.2d 419

647 N.Y.S.2d 135

Long Island Power Authority et al., Respondents-Appellants, v. Shoreham-Wading River Central School District et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided June 13, 1996.


Attorney(s) appearing for the Case

Murphy, Bartol & O'Brien, L.L.P., Mineola (Ernest T. Bartol and Jeffrey P. Sharkey of counsel); Lewis & Greer, P. C., Poughkeepsie (Lou Lewis and Michael J. Englert of counsel); Emily Pines, Town Attorney of Town of Brookhaven, Medford; Sapienza & Frank, Mineola (Salvatore Sapienza of counsel); and Robert Cimino, County Attorney of County of Suffolk, Hauppauge (Robert L. Garfinkle of counsel), for Shoreham-Wading River Central School District and others, appellants-respondents.

Richard Charles Hamburger, P. C., Melville (Richard Hamburger and David N. Yaffee of counsel), for Shoreham-Wading River Public Library District and another, appellants-respondents.

Rivkin, Radler & Kremer, Uniondale (Arthur J. Kremer, Evan H. Krinick, Merril Schapiro Biscone and Christine M. Metzner of counsel), and Stanley Klimberg, Garden City, for Long Island Power Authority, respondent-appellant.

LeBoeuf Lamb Greene & MacRae, LLP, New York City (Michael Lesch and John G. Nicolich of counsel), Leonard P. Novello, Hicksville, and Ronald J. Macklin for Long Island Lighting Company, respondent-appellant.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.


LEVINE, J.

These cross appeals involve the construction of provisions of the Long Island Power Authority Act (Public Authorities Law §§ 1020 — 1020-hh [L 1986, ch 517 (eff Jan. 15, 1987)]), dealing with the obligation of plaintiff Long Island Power Authority (LIPA) to make payments in lieu of taxes (PILOTs) to the defendant local governmental taxing jurisdictions which otherwise would have been...

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