TAXATION & FIN v. DEPT OF LAW


44 N.Y.2d 575 (1978)

In the Matter of the New York State Department of Taxation and Finance, Respondent, v. New York State Department of Law, Statewide Organized Crime Task Force, Appellant.

Court of Appeals of the State of New York.

Decided June 13, 1978.


Attorney(s) appearing for the Case

Maxwell B. Spoont, Acting Deputy Attorney-General (James H. Sweeny of counsel), for appellant.

Arthur R. Rosen, Peter Crotty and Laurence E. Stevens for respondent.

John Finnerty, B. Anthony Morosco and Joseph Aviv for New York State District Attorneys Association, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, and COOKE concur.


FUCHSBERG, J.

The question presented on this appeal is whether the nondisclosure provision of subdivision (e) of section 697 of the Tax Law requires the Department of Taxation and Finance to refuse to comply with a Grand Jury subpoena duces tecum for the production of an individual income tax return.

The subpoena was issued by the Statewide Organized Crime Task...

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