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SANFORD v. STATE TAX COMM.

280 A.D. 687 (1952)

Jessie C. Sanford, Individually and as Executrix of Howard R. Sanford, Deceased, Appellant, v. State Tax Commission et al., Respondents

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

November 17, 1952.

Attorney(s) appearing for the Case

William D. Krebs for appellant.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, John C. Crary, Jr., and Robert W. Bush of counsel), for respondents.

BREWSTER, BERGAN and COON, JJ., concur; HEFFERNAN, J., taking no part.

FOSTER, P. J.

Appeal from an order of the Supreme Court at Special Term, which granted a motion to dismiss the complaint herein on the ground that it failed to state a cause of action for a declaratory judgment or otherwise. A judgment of dismissal was duly entered but the appeal herein is only from the order dismissing the complaint. This does not seem to be good practice but nevertheless we will review the issue...

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