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MATTER OF GREENFIELD v. TOWN OF BABYLON DEPARTMENT OF ASSESSMENT

2009-06646

76 A.D.3d 1071 (2010)

908 N.Y.S.2d 251

In the Matter of STEVEN GREENFIELD, Appellant, v. TOWN OF BABYLON DEPARTMENT OF ASSESSMENT et al., Respondents.

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

Decided September 28, 2010.

Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the cause of action seeking a judgment declaring that the method of assessment was unconstitutional; as so modified, the judgment is affirmed, with costs to the petitioner/plaintiff, the cause of action seeking a judgment declaring that the method of assessment was unconstitutional is reinstated, the order is modified accordingly, and the matter is remitted to the Supreme Court...

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