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MTR. OF COLWIN

98 Misc.2d 676 (1979)

In the Matter of The Estate of Arthur B. Colwin, Deceased.

Surrogate's Court, New York County.

March 8, 1979

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Neil Solon of counsel), for ultimate charitable beneficiaries. Abraham Blume, Angelo A. Scopellito, Thomas N. Lundin and Andrew S. Haber for State Tax Commission. Allen G. Schwartz, Corporation Counsel (Samuel J. Warms, Cornelius F. Roche, Morton Smilow and Louis Pollack of counsel), for City of New York. Richard H. Maidman for William Maidman & Co. Winick, Ginsburg, Ehrlich & Hoffman (Leo L. Hoffman of counsel), for executrix. Paul J. Powers, guardian ad litem.

MILLARD L. MIDONICK, S.

In this proceeding to settle judicially the final account of the executor in this insolvent estate, the State of New York and City of New York have raised the following question for determination: Is the claim by the State of New York for unpaid income taxes and interest thereon entitled to a priority over the claim by the City of New York for unpaid income taxes, unincorporated business...

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