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  5. 42 A.D.2d 298 (1973)
 

MATTER OF FINK v. TAX COMM.

42 A.D.2d 298 (1973)

In the Matter of Arthur C. Fink, Petitioner, v. New York State Tax Commission, Respondent

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

August 2, 1973.

Attorney(s) appearing for the Case

Fink, Weinberger, Levin & Charney (Patrick A. Lyons Arthur C. Fink and Morton Cohen of counsel), for petitioner.

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

HERLIHY, P. J., and KANE, J., concur with REYNOLDS, J.; STALEY, JR., and SWEENEY, JJ., dissent and vote to confirm in an opinion by STALEY, JR., J.

REYNOLDS, J.

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, which denied the petitioner a refund for an alleged overpayment of his 1959 income tax.

The question posed in this proceeding is whether...

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