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MATTER OF GOWAN v. TULLY

58 A.D.2d 936 (1977)

In the Matter of James A. Gowan et al., On Behalf of Themselves and All Others Similarly Situated. Appellants, v. James H. Tully, Jr., as Commissioner of The Department of Taxation and Finance of the State of New York, Respondent

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

July 21, 1977

Sweeney, J. (dissenting).

I am unable to agree with the majority that this case should be affirmed on the opinion of Special Term. I therefore dissent and vote to modify on the following statement. Petitioners were removed from their positions as estate tax attorneys. By petition dated December 11, 1975, this article 78 proceeding was commenced, seeking reinstatement with back pay for themselves and all other estate tax attorneys similarly situated. Pursuant...

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