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MTR. OF U. S. STEEL v. SCHWARTZ

29 A.D.2d 1 (1967)

In the Matter of United States Steel Corporation, Petitioner, v. Hilda G. Schwartz, as Director of Finance of The City of New York (Originally against Lawrence E. Gerosa, as Comptroller of The City of New York), Respondent

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

November 30, 1967.

Attorney(s) appearing for the Case

A. Chauncey Newlin of counsel (Arthur E. Hauser and E. Vincent O'Brien with him on the brief; White & Case, attorneys), for petitioner.

Isaac C. Donner of counsel (Stanley Buchsbaum, Samuel J. Warms and Solomon Portnow with him on the brief; J. Lee Rankin, Corporation Counsel, attorney), for respondent.

BOTEIN, P. J., and TILZER, J., concur with McGIVERN, J.; EAGER and RABIN, JJ., dissent in separate opinions.

McGIVERN, J.

This is an article 78 proceeding to review a final determination of a business tax deficiency made by the Director of Finance for the privilege periods involved, namely July 1, 1948 through June 30, 1951. The determination was made, after hearings, pursuant to a remand by this court directing a recomputation of the tax on petitioner's dividend and interest receipts on an allocated basis and directing...

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