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MTR. OF GREENE v. GALLMAN

39 A.D.2d 270 (1972)

In the Matter of Edward A. Greene, Petitioner, v. Norman Gallman et al., Constituting The State Tax Commission of the State of New York, Respondents

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

June 29, 1972.

Attorney(s) appearing for the Case

Harvey M. Lifset for petitioner.

Louis J. Lefkowitz, Attorney-General (Vincent P. Molineaux and Ruth Kessler Toch of counsel), for respondents.

Robert F. Doran for New York State Association of Life Underwriters, amicus curiae.

KANE and REYNOLDS, JJ., concur with SIMONS, J.; HERLIHY, P. J., and GREENBLOTT, J., dissent and vote to confirm determination in an opinion by HERLIHY, P. J.

SIMONS, J.

This is a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission made after a hearing holding that petitioner is liable for an unincorporated business tax imposed under article 23 of the Tax Law for...

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