MATTER OF CRAIG v. BATES


44 Misc.2d 432 (1954)

In the Matter of Paul F. Craig et al., as Trustees of Springfield Union Employees Beneficial Fund, et al., Petitioners, v. Spencer E. Bates et al., Constituting the New York State Tax Commission, Respondents.

Supreme Court, Special Term, Albany County.

June 11, 1954


Attorney(s) appearing for the Case

Abraham K. Weber for petitioners. Nathaniel L. Goldstein, Attorney-General, for respondents.


HARRY E. SCHIRICK, J.

This application is made pursuant to article 78 of the Civil Practice Act to review the determination of the State Tax Commission which rejected the petitioners' claim for a refund of stock transfer tax paid by them. The respondents have moved to dismiss the petition for failure to set forth facts upon which any relief may be granted.

The facts set forth in the petition are as follows: On March 24, 1953 the petitioners, as...

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