Angelone v. City of Rochester

• Decision Date: 17 February 1981
• Citation: 52 N.Y.2d 982,420 N.E.2d 85,438 N.Y.S.2d 287
• Parties: , 420 N.E.2d 85 David J. ANGELONE et al., Respondents, v. CITY OF ROCHESTER, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 287

438 N.Y.S.2d 287

52 N.Y.2d 982, 420 N.E.2d 85

David J. ANGELONE et al., Respondents, v.CITY OF ROCHESTER, Appellant.

Court of Appeals of New York.

Feb. 17, 1981.

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

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

OPINION OF THE COURTMEMORANDUM.

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, 424 N.Y.S.2d 933.

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 separately, would constitute an unconstitutional gift (seeN.Y.Const., art. VIII, § 1).Inasmuch as the local legislature obviously intended the ordinance to operate only as an integrated unit, we cannot say that the section which creates the equitable claims should be given effect...