County of Suffolk v. New York State Board of Equalization & Assessment

OPINION OF THE COURT

Crew III, J.

This appeal concerns the sale of the Shoreham Nuclear Power Plant and the resulting transition assessments made on that property by respondent pursuant to RPTL 545. Although the precise issue presented on appeal is rather narrow, the transfer in ownership of the plant and the corresponding tax liability incurred have been the subject of prior litigation (see, Long Is. Power Auth. v Shoreham-Wading Riv. Cent. School Dist., 195 AD2d 140, lv dismissed 83 NY2d 1001), and a brief history is necessary to fully understand the issue now before us.

On February 29, 1992,…