ANGELONE v. CITY OF ROCHESTER


52 N.Y.2d 982 (1981)

David J. Angelone et al., Respondents, v. City of Rochester, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1981.


Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel (Susan L. Hauser of counsel), for appellant.

David J. Angelone, respondent pro se, and for Mary J. Angelone, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for reasons stated by Justice RICHARD J. CARDAMONE at the Appellate Division (72 A.D.2d 445).

We note, however, that we have no occasion to consider whether that portion of the city's ordinance which establishes an equitable claim for a tax refund on behalf of all taxpayers within the city, considered...

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