MATTER OF TOWN OF NORTH HEMPSTEAD, APPELLANT-res, v. COUNTY OF NASSAU, res-res — (INDEX NO. 6734/11)In a hybrid proceeding, inter alia, pursuant to CPLR article 78 to review a determination of the County of Nassau dated April 21, 2011, to offset charge-backs for the cost of educating residents of the Town of North Hempstead in 2010 at community colleges outside of the County of Nassau from the Town of North Hempstead’s share of sales tax revenue collected for the fourth quarter of fiscal year 2010, and action for a judgment declaring, inter alia, that the County of Nassau may not charge back the Town of North Hempstead for the cost of educating its residents at Fashion Institute of Technology, the Town of North Hempstead appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Parga, J.), entered August 15, 2011, as denied that branch of the petition which was to review so much of the determination as concluded that the County of Nassau could offset charge-backs for the cost of educating residents of the Town of North Hempstead in 2010 at community colleges outside of the County of Nassau from the Town of North Hempstead’s share of sales tax revenue collected for the fourth quarter of fiscal year 2010 and, in effect, denied that branch of its motion which was for summary judgment declaring that the County of Nassau may not charge back the Town of North Hempstead for any costs of educating residents at Fashion Institute of Technology, and the County of Nassau cross-appeals, as limited by its brief, from so much of the same order and judgment as, in effect, granted that branch of the motion of the Town of North Hempstead which was for summary judgment declaring that the County of Nassau can only charge back for the costs associated with Town of North Hempstead residents enrolled at the Fashion Institute of Technology in two-year education programs and those seeking twoyear Associate Degrees.
ORDERED that the order and judgment is modified, on the law, (1) by deleting from the second decretal paragraph thereof the words “enrolled in two year education programs and those seeking two-year Associate degrees,” (2) by deleting from the third decretal paragraph thereof the words “That the undisputed amount of $672,680.12, representing,” and (3) by deleting the fourth, fifth, and six decretal paragraphs thereof, and substituting therefor a provision declaring that the County of Nassau may not offset any charge-backs from the Town of North Hempstead’s share of the sales tax revenue collected for the fourth quarter of fiscal year 2010; as so modified, the order and judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
