In re Town of Hempstead

with the following memorandum: I must respectfully voice my dissent from my colleagues’ refusal to modify their order reversing Special Term’s order and remanding for a new trial dealing with the reproduction value of the beach club improvements. The *543order now sought to be modified concluded, in essence, that the Malibu property should be treated as a specialty even though Malibu did not claim it was a specialty and the property clearly did not meet the standards required for such treatment (see Matter of County of Nassau [Colony Beach Club of Lido], 43 AD2d 45, affd 39 NY2d 958). But if…