Slewett & Farber v. Board of Assessors of County of Nassau

Cohalan., J. (concurring in part and dissenting in part).

I concur in the affirmance of the order at Special Term.

I dissent from the plurality opinion only to the extent that it. would reach and determine the constitutionality of the 1979 legislation which was not in existence at the time the trial court rendered the determination presently under review.

Despite the allusion in the plurality decision to the confusion concerning the applicable law and the acquiescence of the parties in our court’s review of the 1979 legislation, such action in my view would violate a basic principle of appellate…