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MATTER OF YOUNG v. GEROSA

11 A.D.2d 67 (1960)

In the Matter of Charles L. Young et al., Doing Business as Roosevelt Chevrolet Company, Petitioners, v. Lawrence Gerosa, as Comptroller of The City of New York, Respondent

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

June 21, 1960.

Attorney(s) appearing for the Case

Howard F. Ordman of counsel (Lemuel Skidmore with him on the brief; Putney, Twombly, Hall & Skidmore, attorneys), for petitioners.

Morris L. Heath of counsel (Stanley Buchsbaum and Charles M. Fox with him on the brief; Charles H. Tenney, Corporation Counsel, attorney), for respondent.

BREITEL, J. P., and RABIN, J., concur with STEVENS, J.; McNALLY, J., dissents in part and concurs in part in opinion; M. M. FRANK, J., deceased.

STEVENS, J.

This is a proceeding to review a final determination of respondent after a statutory hearing, which assessed petitioner with general business tax deficiencies for three privilege years ending June 30, 1954, June 30, 1955 and June 30, 1956, respectively. The proceedings were transferred to this court on consent, pursuant to order of Special Term (Civ. Prac. Act, § 1296).

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