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LILCO v. BROOKHAVEN ASSESSOR

246 A.D.2d 156 (1998)

675 N.Y.S.2d 615

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

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

July 13, 1998

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson, New York City (Gregory P. Joseph and Peter L. Simmons of counsel); Murphy, Bartol & O'Brien, L. L. P., Mineola (Ernest T. Bartol of counsel), and Emily Pines, Town Attorney of Town of Brookhaven, Medford, for Assessor for Town of Brookhaven and others, appellants; and Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Robert L. Garfinkle of counsel), for County of Suffolk, intervenor-appellant. (One brief filed.)

Lewis & Greer, P. C., Poughkeepsie (Michael Englert and Lou Lewis of counsel), for Shoreham-Wading River Central School District, intervenor-appellant.

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

O'BRIEN, J. P., SULLIVAN, PIZZUTO and JOY, JJ., concur.

Per Curiam.

In these eight consolidated tax certiorari proceedings, we review real property tax assessments levied upon the Shoreham Nuclear Power Plant (hereinafter the Shoreham plant), which, during the tax years at issue, 1984-1985 through 1991-1992, was owned by the petitioner, the Long Island Lighting Company (hereinafter LILCO). We previously visited this troubled project in Matter of Long Is. Light. Co. v Assessor...

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