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Decision No. 14,631

Appeal of the BOARD OF EDUCATION OF THE HARBORFIELDS CENTRAL SCHOOL DISTRICT from action of the Board of Education of the Huntington Union Free School District and Robert and Veronica Elia relating to school taxes.

Decision No. 14,631

(August 27, 2001)

Ingerman Smith, L.L.P., attorneys for petitioner, Lawrence W. Reich, Esq., of counsel

Ehrlich, Frazer & Feldman, attorneys for respondent Huntington Union Free School District, James H. Pyun, Esq., of counsel

MILLS, Commissioner.--Petitioner, the Board of Education of the Harborfields Central School District, seeks an order directing respondent Board of Education of the Huntington Union Free School District ("Huntington") to turn over tax monies levied and collected for the 1999-2000 school year with regard to property intersected by the boundary line of two school districts. The appeal must be sustained.

The facts of the appeal are set forth in my prior decision involving the same parties, (Appeal of the Board of Education of the Harborfields Central School District, 41 Ed Dept Rep , Decision No. 14,597), and will not be repeated here. In that appeal, I found that petitioner was entitled to the school taxes collected by respondent Huntington for the 1998-99 school year because a designation that met the requirements of Education Law "3203 had been filed with respondent Huntington. Therefore, pursuant to Education Law "3203(3), such designation remains in effect until a new designation is made (Appeal of the Sole Trustee of the Hickory-South Mountain Common School District No. 1, 38 Ed Dept Rep 577, Decision No. 14,097; Appeal of a Student with a Disability, 37 id. 166, Decision No 13,832). There is no indication that a new designation has been filed. Accordingly, pursuant to Education Law "3203(2), petitioner is entitled to receive from respondent Huntington the amount of taxes levied and collected on the property for the 1999-2000 school year.

THE APPEAL IS SUSTAINED.

IT IS ORDERED that the Board of Education of the Huntington Union Free School District pay to the Board of Education of the Harborfields Central School District the amount of school taxes levied and collected for the property located at 8 East Neck Court in the Town of Huntington, for the 1999-2000 school year.

END OF FILE