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MTR RLM v. DIR. OF FIN.

49 N.Y.2d 350 (1980)

In the Matter of RLM Transportation Corp., Appellant, v. Director of Finance of the City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided February 20, 1980.

Attorney(s) appearing for the Case

James F. Leopold for appellant.

Allen G. Schwartz, Corporation Counsel (Arnold Fox and Gale Zareko of counsel), for respondents.

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

MEYER, J.

This appeal raises the question whether an operator of vans with a carrying capacity of more than seven persons is subject to the tax on gross operating income imposed by subdivision a of section QQ46-2.0 of the Administrative Code of the City of New York. A deficiency having been assessed against petitioner, a hearing was held before a hearing officer of the Director of Finance and Finance Administration...

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