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BERNSTEIN v. FEINER

50 A.D.3d 212 (2008)

852 N.Y.S.2d 238

In the Matter of ROBERT B. BERNSTEIN, Respondent, v. PAUL J. FEINER, as Town Supervisor of the Town of Greenburgh, et al., Appellants.

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

February 13, 2008.

Attorney(s) appearing for the Case

Timothy W. Lewis, Town Attorney, Greenburgh (David R. Fried and Richard L. Marasse of counsel), for appellants.

Robert B. Bernstein, Hartsdale, respondent pro se.

Keane & Beane, P.C., White Plains (Richard L. O'Rourke of counsel), for Joseph Bova, amicus curiae.

FISHER, MILLER and DILLON, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.P.

These appeals concern the allocation of the cost of a park that is located in the unincorporated area of the Town of Greenburgh. The park is open to use by all town residents, both those who reside in the unincorporated area of the town and those who reside in its incorporated villages. Nevertheless, the Town has imposed the cost of the park only upon the taxpayers of the Town's unincorporated area in accordance with its...

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