PEOPLE EX REL. N. Y. TEL. CO. v. GRAVES


284 A.D. 496 (1954)

The People of the State of New York ex rel. New York Telephone Company, Appellant, v. Mark Graves et al., Constituting The State Tax Commission, Respondents, and City of New York, Intervener, Respondent

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

July 8, 1954.


Attorney(s) appearing for the Case

Frank A. Fritz, Ralph W. Brown, Eric B. Nelson and John M. Farrell for appellant.

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

Adrian P. Burke, Corporation Counsel (Timothy F. Cohan of counsel), for intervener-respondent.

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.


BERGAN, J.

We deal with a point of statutory construction in almost pure form in an area substantially untouched by prior judicial exploration. The problem has two elements; but both relate to provisions of the Charter and Administrative Code of the City of New York. The Charter was adopted by a city referendum of 1936 and the code was enacted by chapter 929 of the Laws...

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