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MTR. OF ROOSEVELT RACEWAY v. MONAGHAN

17 Misc.2d 1065 (1959)

In the Matter of Roosevelt Raceway, Inc., Petitioner, v. George P. Monaghan, as Commissioner of Harness Racing, Respondent.

Supreme Court, Special Term, New York County.

May 25, 1959.

Attorney(s) appearing for the Case

Rosenmark, Goldmark, Colin & Kaye (Samuel I. Rosenman, George Morton Levy and Max Freund of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Edward Siegfried of counsel), for respondent.

SAMUEL M. GOLD, J.

This is a motion to dismiss the petition in a proceeding brought by Roosevelt Raceway, Inc., against George P. Monaghan, as Commissioner of Harness Racing. The object of the proceeding is to compel respondent to correct his records so as to credit petitioner's construction account with the amount of the tax paid by petitioner to the United States Government in 1958, on funds transferred to...

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