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PEOPLE EX REL. NEW YORK CENT. R.R. CO. v. STATE TAX COMM'N

282 A.D. 1007 (1953)

The People of the State of New York ex rel. New York Central Railroad Company, Appellant, v. State Tax Commission, Respondent, and City of New York, Intervener, Respondent

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

November 18, 1953.

Final order modified on the law in accordance with the memorandum and as modified affirmed, with costs to the respondent State Tax Commission.

Memorandum:

On the merits, the relator-appellant has failed to sustain its burden of proof that the assessments are excessive. We find no statutory authority for the allowance of costs to an intervener in a tax certiorari proceeding. The final order should be modified by striking...

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