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PEOPLE EX REL. N. Y. C. R. R. CO. v. STATE TAX COMM.

280 A.D. 627 (1952)

The People of the State of New York ex rel. New York Central Railroad Company, Appellant, v. State Tax Commission, Appellant-Respondent, and City of New York, Intervener, Respondent. James J. McGuiness, as Referee, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 12, 1952.

Attorney(s) appearing for the Case

Gerald E. Dwyer, Clyde Brown, Jr., and L. P. Gagliardi for appellant.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Edward J. Grogan, Jr., and George A. Radz of counsel), for appellant-respondent.

Denis M. Hurley, Corporation Counsel (Morris Handel of counsel), for intervener, respondent.

Ralph S. Leonard and H. E. Blodgett for referee, respondent.

Present — TAYLOR, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

Per Curiam.

In this certiorari proceeding, brought to review special franchise tax assessments on certain of the relator's properties in the city of New York, the parties thereto entered into a stipulation in which it was provided that the Referee's fees and disbursements "shall be fixed by the Court." After the conclusion of the hearings and the signing of his opinion and report, but prior to filing the same, the Referee...

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