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VANTAGE PETROLEUM, BAY ISLE OIL CO., INC., BAY ISLE OIL CORP., Respondent, v. BOARD OF ASSESSMENT REVIEW OF THE TOWN OF BABYLON et al., Respondents. BOARD OF EDUCATION, LINDENHURST UNION FREE SCHOOL DISTRICT NO. 4, TOWN OF BABYLON, Appellant.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative.

The appeal raises the question whether a board of education in the County of Suffolk may intervene in a tax certiorari proceeding involving property within the district. To the extent that the application sought intervention by permission under CPLR 1013, the exercise of discretion by the courts below is, absent an abuse of discretion as a matter of law, not here present, beyond our review ( Patron v Patron, 40 N.Y.2d 582). To the extent that intervention as of right was sought under CPLR 1012 (subd [a], par 2), we affirm for the reasons stated in the Appellate Division memorandum ( 91 A.D.2d 1037) to which we add only that whether movant will be bound by the judgment within the meaning of that subdivision is determined by its res judicata effect ( Matter of Unitarian Universalist Church v Shorten, 64 Misc.2d 851, 854, vacated on other grounds 64 Misc.2d 1027; Lesser v West Albany Warehouses, 17 Misc.2d 461; Sutphen Estates v United States, 342 U.S. 19, 21) and that a judgment fixing the value of property for taxation in one year may be evidence of its assessed value for a succeeding year but is not res judicata ( Matter of Woolworth Co. v Tax Comm., 20 N.Y.2d 561, 567; People ex rel. Hilton v Fahrenkopf, 279 N.Y. 49, 52-53).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.

Order affirmed, etc.

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VANTAGE PETROLEUM v. BOARD OF ASSESSMENT REVIEW
(Jan 10, 1984)