LEVITT v. WANAMAKER


12 A.D.2d 149 (1961)

Arthur Levitt, as Comptroller of The State of New York, Plaintiff, v. George W. Wanamaker, as Director of The Department of Sales Tax of Erie County, et al., Defendants

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

January 5, 1961.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Paxton Blair of counsel), for plaintiff.

Elmer R. Weil, Erie County Attorney, for George W. Wanamaker, defendant.

Leo T. Minton, Monroe County Legal Adviser, for John Buyck, defendant.

John S. Ryan of counsel for defendants.

Present — BASTOW, J. P., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.


BASTOW, J. P.

This submitted controversy results from a disagreement between the State Comptroller and certain county officials as to the right of the former in the performance of his duties to examine returns of sales and compensating use taxes in the custody of the defendants.

The dispute centers upon the so-called "secrecy" provision in the local laws which are mandated therein by chapter 278 of the...

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