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FISCHBACH & MOORE v. TAX COMM.

36 N.Y.2d 605 (1975)

In the Matter of Fischbach and Moore, Inc. et al., Appellants, v. State Tax Commission, Respondent.

Court of Appeals of the State of New York.

Decided May 13, 1975.

Attorney(s) appearing for the Case

Patrick J. Murphy and Herbert R. Berk for appellants.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge COOKE taking no part.

FUCHSBERG, J.

The petitioners appeal as of right on constitutional grounds from an order of the Appellate Division (43 A.D.2d 81) confirming a determination of the State Tax Commission which imposed unincorporated business taxes on them under article 23 of the Tax Law.

Each of the petitioners is a domestic corporation engaged in electrical or construction work. Fischbach...

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