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MTR. OF ROOSEVELT RACEWAY v. MONAGHAN

11 A.D.2d 206 (1960)

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

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

July 5, 1960.

Attorney(s) appearing for the Case

Paxton Blair of counsel (Edward Siegfried with him on the brief; Louis J. Lefkowitiz, Attorney-General, attorney), for appellant.

Samuel I. Rosenman of counsel (George Morton Levy, Max Freund, Robert A. Kirtland and Ernest A. Gleit with him on the brief; Rosenman Goldmark Colin & Kaye and George Morton Levy, attorneys), for respondent.

Samuel D. Smoleff of counsel (Earle K. Moore with him on the brief; Samuel D. Smoleff, attorney), for Citizens Union, amicus curiæ.

BOTEIN, P. J., RABIN and NOONAN, JJ., concur in Per Curiam opinion; STEVENS, J., dissents and votes to reverse and dismiss in opinion; VALENTE, J., concurs with STEVENS, J., in a separate opinion.

Per Curiam.

The Harness Racing Commission has appealed from an order at Special Term, in a proceeding pursuant to article 78 of the Civil Practice Act brought by petitioner Roosevelt Raceway, Inc., directing that petitioner's construction account be credited with Federal income taxes paid or hereafter to be paid, and requiring the commission to correct its records accordingly. The underlying facts and relevant statutory...

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