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NY TEL. CO. v. NASSAU COUNTY

1 N.Y.3d 485 (2004)

808 N.E.2d 340

776 N.Y.S.2d 205

NEW YORK TELEPHONE COMPANY, Appellant, v. NASSAU COUNTY et al., Respondents. (Action No. 1.) In the Matter of NEW YORK WATER SERVICE CORPORATION, Appellant, v. NASSAU COUNTY et al., Respondents. (Proceeding No. 1.) In the Matter of LONG ISLAND WATER CORPORATION, Appellant, v. NASSAU COUNTY et al., Respondents. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided March 30, 2004.

Attorney(s) appearing for the Case

Cullen and Dykman Bleakley Platt LLP, Brooklyn (Peter J. Mastaglio, Karen I. Levin, Robert J. Sorge and Jo-Ellen P. Holbrook of counsel), for New York Telephone Company, appellant.

Huber Lawrence & Abell, New York City (Theodore F. Duver of counsel), for New York Water Service Corporation and another, appellants.

Lorna B. Goodman, County Attorney, Mineola (Elizabeth D. Botwin of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

G.B. SMITH, J.

The primary issue here is whether the Appellate Division abused its discretion when it held that, owing to the County's financial situation, certain utilities were not entitled to county tax refunds, even though the Court found that they had been improperly assessed a tax. We reverse the order of the Appellate Division and remit for a hearing both on the amount of refund...

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