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KEYSPAN GAS EAST CORP. v. SUPERVISOR OF TOWN OF NORTH HEMPSTEAD

2016-10588. Index No. 7269/02.

169 A.D.3d 661 (2019)

92 N.Y.S.3d 137

2019 NY Slip Op 00864

Keyspan Gas East Corporation, Doing Business as Keyspan Energy Delivery Long Island, Plaintiff, v. Supervisor of Town of North Hempstead et al., Defendants/Third-Party Plaintiffs-Respondents. County of Nassau et al., Third-Party Defendants-Appellants.

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

Decided February 6, 2019.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Based upon the Court of Appeals' holding that Nassau County, on behalf of its towns and their ancillary bodies, could not impose special ad valorem levies for garbage service on utility mass property (see New York Tel. Co. v Supervisor of Town of Oyster Bay, 4 N.Y.3d 387, 392-395 [2005]), the plaintiff...

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