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ROBERT PEARE et al., Respondents, v. SUFFOLK COUNTY SEWER AGENCY et al., Appellants.

In an action, inter alia, (1) to declare invalid the exaction of deposits towards future sewer assessments and (2) for monetary relief, defendants appeal from an order of the Supreme Court, Suffolk County, entered October 18, 1977, which granted class action certification. Order affirmed, with $50 costs and disbursements (see Ammon v. Suffolk County, 67 A.D.2d 959). Titone, J.P., Rabin, Gulotta and Shapiro, JJ., concur.

Cohalan, J. dissents and votes to reverse the order and deny class action certification (see dissenting mem of Mr. Justice Cohalan in Ammon v. Suffolk County, 67 A.D.2d 959).

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PEARE v. SUFFOLK COUNTY SEWER AGENCY
(Feb 20, 1979)