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MTR. OF POSNER v. STATE OF N. Y.

69 Misc.2d 958 (1972)

In the Matter of Herbert A. Posner et al., Petitioners, v. State of New York et al., Respondents.

Supreme Court, Special Term, Albany County.

April 12, 1972

Attorney(s) appearing for the Case

Herbert A. Posner, in person and for others, petitioners. Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch, Alan W. Rubenstein and Francis V. Dow of counsel), for respondents.

A. FRANKLIN MAHONEY, J.

By notice of petition and petition served upon the Attorney-General on January 27, 1972 and upon the President of the State Tax Commission on January 31, 1972, the petitioners seek a declaratory judgment pursuant to article 30 of the CPLR and an order pursuant to article 78 of the CPLR in the nature of mandamus directing the State of New York and, specifically, the President of the State Tax Commission, Norman F. Gallman, "to collect...

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