New York City suffered another setback yesterday in its bid to extract an additional $2.3 billion from the nationwide settlement with the tobacco industry, as the Appellate Division, First Department, unanimously approved a distribution formula worked out by the State and the vast majority of its 62 counties.

The settlement, which was approved by State Supreme Court Justice Stephen G. Crane in December, allocated $6.7 billion to New York City of the $25 billion the State is slated to receive from the $206 billion settlement reached with 46 states and six territories in November. Westchester and Erie Counties had sided with New York City in claiming that the State’s allocation shortchanged them.

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