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CITY OF N. Y. v. PROCACCINO

46 A.D.2d 594 (1975)

In the Matter of The City of New York, Petitioner, v. Mario A. Procaccino et al., Constituting The State Tax Commission, et al., Respondents

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

February 27, 1975.

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Robert J. Metzler, II, Samuel J. Warms and Isaac C. Donner of counsel), for petitioner.

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

Post, Hopkins & De Mott (David R. Crow of counsel), for Massachusetts Mutual Life Insurance Company and another, respondents.

HERLIHY, P. J., SWEENEY, KANE and LARKIN, JJ., concur.

MAIN, 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 an order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission, which held that the "Supplemental Indenture" (Indenture) herein was not a new mortgage, but was a supplemental mortgage exempt from the recording tax in accordance with the...

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