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MATTER OF NIAGARA JUNC. RY. CO. v. CREAGH

2 A.D.2d 299 (1956)

In the Matter of Niagara Junction Railway Company, Petitioner, v. Eugene T. Creagh, as Comptroller of The City of Niagara Falls, Respondent

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

July 13, 1956.

Attorney(s) appearing for the Case

Clarence R. Runals for petitioner.

Clarence W. Greenwald, Corporation Counsel (Sigismund M. Lopacki of counsel), for respondent.

All concur, except VAUGHAN, J. P., who dissents and votes to annul the determination, in a separate opinion. Present — VAUGHAN, J. P., KIMBALL, WHEELER, WILLIAMS and BASTOW, JJ.

BASTOW, J.

Pursuant to the authority granted by chapter 278 of the Laws of 1947, as amended, the Niagara Falls City Council in 1951 enacted Local Law No. 1 imposing a retail sales tax and Local Law No. 2 imposing an excise tax for the privilege of using within the city any article of tangible property purchased at retail. Both of these laws became effective on March 1, 1951. Pursuant to authority granted therein...

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