Majority
p. 530In the Matter of the Application of Donner-Hanna Coke Corporation, Respondent. City of Buffalo, Appellant. (Argued October 9, 1925; decided October 27, 1925.)
Headnote
Tax^r: Huff alo -(city—of) assessment of property belonging in part to Federal government — apportionment permitted by charter.Matter of Donner-Hanna Coke Corpn., 212 App. Div. 338 , affirmed.
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 11, 1925, which reversed an order of Special Term directing the assessors of the city of Buffalo to apportion the property assessable to the Donner-Hanna Coke Corporation so that the lands owned by it be divided from the portion owned by the United States of America and be separately assessed, and that the buildings and improvements be entered upon the assessment rolls as exempt, property of the United States of America.
p. 531
Frederic C. Rupp, Corporation Counsel (Herbert A. Hickman of counsel), for appellant.
John Lord O’Brian and Ralph TJlsh for respondent.
Order affirmed, with costs, on ground that section 119 of the charter of the city of Buffalo permits a division of the assessment.
Concur: His cock, Ch. J., Gardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.