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MTR. OF SUFFOLK CO. LOAN v. BRAGALINI

5 N.Y.2d 579 (1959)

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

Court of Appeals of the State of New York.

Decided April 17, 1959.

Attorney(s) appearing for the Case

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

Willard P. Scott and P. J. Riordan for Savings Banks Association of the State of New York, amicus curiæ, in support of appellant's position.

Daniel McNamara for Savings Association League of New York, amicus curiæ, in support of appellant's position.

Arthur W. Renander for Jamaica Savings Bank, amicus curiæ, in support of appellant's position.

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

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

DESMOND, J.

Petitioner, a savings and loan association which loans money on real property mortgages, brought this proceeding for the refund to it of a $100 mortgage recording tax imposed on the supposed authority of section 253 of the Tax Law. The first sentence of section 253 is as follows: "A tax of fifty cents for each one hundred dollars and each remaining major fraction thereof of principal debt or obligation...

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