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CONSTELLATION v. TAX APPEALS

519639

131 A.D.3d 185 (2015)

14 N.Y.S.3d 538

2015 NY Slip Op 06183

In the Matter of CONSTELLATION NUCLEAR POWER PLANTS LLC, Petitioner, v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK et al., Respondents.

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

Decided July 16, 2015.

Attorney(s) appearing for the Case

Hodgson Russ, LLP, Buffalo ( Christopher L. Doyle of counsel), for petitioner.

Eric T. Schneiderman , Attorney General, Albany ( Kathleen M. Arnold of counsel), for Commissioner of Taxation and Finance, respondent.

PETERS, P.J., LAHTINEN and LYNCH, JJ., concur.

OPINION OF THE COURT

Petitioner is the owner and operator of the Nine Mile Point Nuclear Power Station (hereinafter Nine Mile) in the Town of Scriba, Oswego County, and the R.E. Ginna Nuclear Power Station (hereinafter Ginna) in the Town of Ontario, Wayne County. Both Nine Mile and Ginna use nuclear fission to generate electricity...

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