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PHILLIPS v. COUNTY OF MONROE

49 A.D.3d 1353 (2008)

853 N.Y.S.2d 820

ROBERT PHILLIPS et al., Appellants, v. COUNTY OF MONROE et al., Respondents, and STATE OF NEW YORK (DEPARTMENT OF TAXATION AND FINANCE and DEPARTMENT OF HEALTH), Respondent.

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

Decided March 21, 2008.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the decretal paragraphs granting declaratory and other relief with respect to the meaning of Tax Law § 1261 (f) (8) and by granting judgment in favor of plaintiffs-petitioners as follows:

"It is ADJUDGED and DECLARED that defendant-respondent County of Monroe is obligated to allocate to those school districts in Monroe County that are outside the City of Rochester...

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