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MTR OF SEDACCA v. MANGANO

1633/10.

27 Misc.3d 414 (2010)

895 N.Y.S.2d 792

In the Matter of DOLORES SEDACCA et al., as Commissioners of the Nassau County Assessment Review Commission, Petitioners, v. EDWARD P. MANGANO, County Executive of Nassau County, et al., Respondents.

Supreme Court, Nassau County.

Decided February 4, 2010.

Attorney(s) appearing for the Case

Lynn, Gartner & Dunne, LLP, Mineola ( Kenneth L. Gartner and Stephen W. Livingston of counsel), Lovett & Bellantoni, LLP, Hawthorne ( Rory J. Bellantoni of counsel), and Gallo, Feinstein & Naishtut, LLP, Rye Brook ( Antonio Castro of counsel), for petitioners.

Lorna B. Goodman , County Attorney, Mineola ( John Ciampoli and Peter S. Reinharz of counsel), for respondents.

OPINION OF THE COURT

ROY S. MAHON, J.

The petition by petitioners brought by order to show cause for an order pursuant to article 78 of the CPLR declaring that, absent cause, the County Executive of Nassau County is, pursuant to Real Property Tax Law § 523-b and Nassau County Charter § 203 (1), without the authority to remove Assessment Review Commission (ARC) Commissioners prior to the expiration of their statutory terms; permanently enjoining...

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