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NEW YORK TEL. CO. v. SUPERVISOR OF TOWN OF NORTH HEMPSTEAD

2008-08053

76 A.D.3d 517 (2010)

906 N.Y.S.2d 319

NEW YORK TELEPHONE COMPANY, Respondent, v. SUPERVISOR OF TOWN OF NORTH HEMPSTEAD et al., Appellants. (Action No. 1.) NEW YORK TELEPHONE COMPANY, Respondent, v. SUPERVISOR OF TOWN OF NORTH HEMPSTEAD et al., Appellants. (Action No. 2.) NEW YORK TELEPHONE COMPANY, Respondent, v. SUPERVISOR OF TOWN OF NORTH HEMPSTEAD et al., Appellants. (Action No. 3.) VERIZON NEW YORK, INC., Formerly Known as NEW YORK TELEPHONE COMPANY, Respondent, v. SUPERVISOR OF TOWN OF NORTH HEMPSTEAD et al., Appellants. (Action No. 4.) VERIZON NEW YORK, INC., Formerly Known as NEW YORK TELEPHONE COMPANY, Respondent, v. SUPERVISOR OF TOWN OF NORTH HEMPSTEAD et al., Appellants. (Action No. 5.)

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

Decided August 3, 2010.

Ordered that the judgment is affirmed, with costs.

The plaintiff owns "mass property" within the Town of North Hempstead, including telephone lines, wires, cables, poles, supports, and enclosures for electrical conductors. The plaintiff commenced five actions against the defendants seeking, inter alia, judgments declaring that their imposition of special ad valorem levies for garbage and refuse collection services on these properties was invalid since the properties...

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