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MTR. OF SUFFOLK CO. LOAN v. BRAGALINI

5 A.D.2d 641 (1958)

In the Matter of Suffolk County Federal Savings & Loan Association, Petitioner, v. George M. Bragalini et al., Constituting The State Tax Commission, Respondents

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

May 23, 1958.

Attorney(s) appearing for the Case

Joseph F. O'Neill, Arthur L. Milligan and George J. Aspland for petitioner.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Paxton Blair of counsel), for respondents.

FOSTER, P. J., BERGAN, COON and REYNOLDS, JJ., concur.

HERLIHY, J.

This proceeding under article 78 of the Civil Practice Act, transferred to this court by order of Judge ELSWORTH, for review and determination of the State Tax Commission confirming the Nassau County Clerk's imposition of a mortgage recording tax pursuant to section 253 of the Tax Law and to direct the County Clerk to refund the said $100 tax paid under protest.

The petition recites these pertinent...

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