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MTR. OF N. Y. QUOTATION CO. v. BRAGALINI

7 A.D.2d 586 (1959)

In the Matter of New York Quotation Company, 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.

April 23, 1959.

Attorney(s) appearing for the Case

Milbank, Tweed, Hope & Hadley (William Eldred Jackson, Howard O. Colgan, Jr., and Richard S. Harrell of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager and Paxton Blair of counsel), for respondents.

FOSTER, P. J., COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

Per Curiam.

This is an article 78 proceeding to review a determination of the New York State Tax Commission denying petitioner's application for a refund of utilities taxes paid between November 30, 1951 and November 30, 1956 on the furnishing of utility services pursuant to section 186-a of the Tax Law. The sole question is whether or not the petitioner is a "utility" within the meaning of section 186-a.

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