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MATTER OF AM. SUR. CO. v. JOSEPH

284 A.D. 14 (1954)

In the Matter of American Surety Company of New York, Petitioner, v. Lazarus Joseph, as Comptroller of The City of New York, Respondent

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

April 27, 1954.

Attorney(s) appearing for the Case

William J. O'Shea of counsel (Edward D. Burns with him on the brief; Saxe, Bacon, O'Shea & Bryan, attorneys), for petitioner.

Bernard H. Sherris of counsel (Bernard H. Sherris and Stanley Buchsbaum on the brief; Adrian P. Burke, Corporation Counsel, attorney), for respondent.

Stuart N. Updike of counsel (William P. Hindman, Jr., John V. Bloys and Cornelius F. Keating with him on the brief; Olvany, Eisner & Donnelly, attorneys), for Life Insurance Association of America, amicus curiæ.

CALLAHAN, J. P., BREITEL and BASTOW, JJ., concur.

BOTEIN, J.

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the comptroller of the City of New York imposing on New York Casualty Company a so-called financial tax deficiency for the tax periods commencing July 1, 1946, and ending June 30, 1950.

The enabling act (General City Law, § 24-a) authorizing the city to adopt local laws for the imposition of such...

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