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MATTER OF BRODSKY v. MURPHY

30 A.D.2d 904 (1968)

In the Matter of Irving Brodsky et al., Appellants, v. Joseph H. Murphy et al., Constituting The State Tax Commission, Respondents

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

July 22, 1968

GABRIELLI, J.

In a prior application petitioners instituted a proceeding under article 78 of the CPLR to annul a determination of the respondents which confirmed the imposition of a mortgage recording tax by the City Register of the City of New York. This court, finding that the instrument in question was not a new indebtedness, held (26 A.D.2d 225) that the determination of the State Tax Commission be annulled and...

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