MTR. OF WARNECKE v. STATE TAX COMM.


15 A.D.2d 320 (1962)

In the Matter of George W. Warnecke, Petitioner, v. State Tax Commission of the State of New York, Respondent. (Two Proceedings.)

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

January 17, 1962.


Attorney(s) appearing for the Case

Mumma, Crane, Costabell & Savarese (Charles J. Costabell of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Robert W. Bush and Paxton Blair of counsel), for respondent.

COON, J. P., GIBSON, REYNOLDS and TAYLOR, JJ., concur in Per Curiam opinion; HERLIHY, J., concurs in part and dissents in part, in opinion.


Per Curiam.

These proceedings, which have been consolidated by stipulation, were brought under article 78 of the Civil Practice Act to review determinations of the State Tax Commission which sustained assessments of additional personal income taxes and of unincorporated business taxes; thereby taxing gains upon the sale of certain property (consisting of land and building with furniture, fixtures and equipment, operated...

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