COUNTY OF BROOME v. BATES


197 Misc. 88 (1950)

County of Broome, Plaintiff, v. Spencer E. Bates et al., Constituting The State Tax Commission, Defendants.

Supreme Court, Special Term, Albany County.

February 15, 1950.


Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Kent H. Brown of counsel), for defendants.

Charles P. O'Brien for plaintiff.


McGEEHAN, J.

This action instituted by the County of Broome seeks judgment declaring the amendment to the Judiciary Law provided for by chapter 814 of the Laws of 1949 unconstitutional and invalid. The complaint alleges that the unconstitutionality and invalidity is predicated upon five bases, namely:

1 — That the amendment violates section 1 of article III of the State Constitution by delegating...

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