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MATTER OF NEW YORKER MAG. v. GEROSA

2 A.D.2d 600 (1956)

In the Matter of New Yorker Magazine, Inc., Petitioner, v. Lawrence E. Gerosa, as Comptroller of The City of New York, et al., Respondents

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

December 11, 1956.

Attorney(s) appearing for the Case

Phillip W. Haberman, Jr., of counsel (Wilbur H. Friedman and Gerald Silbert with him on the brief; Proskauer, Rose, Goetz & Mendelsohn, attorneys), for petitioner.

Morris L. Heath of counsel (Stanley Buchsbaum with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for respondents.

PECK, P. J., COX, FRANK and VALENTE, JJ., concur.

BREITEL, J.

Petitioner, a taxpayer, brings this proceeding, under article 78 of the Civil Practice Act, to review a determination of the Comptroller of the City of New York which denied claims for refund of and assessed additional city gross receipts taxes for 1947, 1948 and 1949 (General City Law, § 24-a; Local Law, 1946, No. 14 of City of New York; Local Law, 1948, No. 44 of City of New York; Administrative...

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