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CABLE TV v. TAX COMM OF NY

88 Misc.2d 601 (1976)

New York State Cable Television Association, by Anthony Cerrache, President, et al., Plaintiffs, v. Tax Commission of the State of New York, Defendant. Hyman M. Miller, on Behalf of Himself and All Other Subscribers to Cable Television Service in the State of New York, Petitioner, v. James H. Tully, Jr., et al., Constituting the Tax Commission of the State of New York, Respondents.

Supreme Court, Special Term, Albany County.

November 10, 1976

Attorney(s) appearing for the Case

Roberts & Holland for plaintiffs. Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons of counsel), for defendant and respondents. Kallusch & Kallusch for petitioner.

JOHN T. CASEY, J.

Two proceedings instituted against the State Tax Commission question whether the sale of cable television services is subject to sales and use taxes imposed under article 28 of the Tax Law. One proceeding, styled as a class action, is brought under CPLR article 78 by and on behalf of subscribers to cable television services. The other proceeding is an action for a declaratory judgment instituted...

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