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MTR. OF CON. EDISON v. STATE TAX COMM.

23 A.D.2d 477 (1965)

In the Matter of Consolidated Edison Company of New York, Inc., Petitioner, v. State Tax Commission of the State of New York, Respondent

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

July 29, 1965.

Attorney(s) appearing for the Case

Whitman, Ransom & Coulson (Patrick II. Sullivan and Bernard L. Sanoff of counsel), for petitioner.

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

GIBSON, P. J., TAYLOR and HAMM, JJ., concur with AULISI, J.; HERLIHY, J., dissents in part, in an opinion, and votes to confirm.

AULISI, J.

This is a proceeding pursuant to article 78 of the CPLR brought by the petitioner to review the final determination made by the respondent on October 27, 1964, upholding a franchise tax assessment for the quarterly period ending July 31, 1960. The proceeding was transferred by Special Term to this court for initial determination.

The parties have entered into a stipulation of the facts upon...

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