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DILLENBURG v. STATE OF NEW YORK

18 Misc.3d 789 (2007)

849 N.Y.S.2d 382

JOHN C. DILLENBURG, III, Plaintiff, v. STATE OF NEW YORK et al., Defendants.

Supreme Court, Chautauqua County.

November 14, 2007.

Attorney(s) appearing for the Case

Brautigam & Brautigam, L.L.P., Fredonia (Michael K. Bobseine of counsel), for plaintiff.

Andrew M. Cuomo, Attorney General, Buffalo (Peter B. Sullivan of counsel), for defendants.

OPINION OF THE COURT

TIMOTHY J. WALKER, J.

Plaintiff commenced this action, individually and in his capacity as Supervisor of the Town of Arkwright, challenging the constitutionality of various New York State statutes, pursuant to which the State of New York pays real property taxes, or makes payments in lieu of taxes, for lands it owns in certain municipalities, but not in others. Previously, defendants...

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