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MTR OF BURGER KING v. TAX COMM

51 N.Y.2d 614 (1980)

In the Matter of Burger King, Inc., Respondent, v. State Tax Commission, Appellant. (Proceeding No. 1.) In the Matter of Davmor Industries, Inc., Respondent, v. State Tax Commission, Appellant. (Proceeding No. 2.) In the Matter of Edgmor, Inc., Respondent, v. State Tax Commission, Appellant. (Proceeding No. 3.)

Court of Appeals of the State of New York.

Decided December 22, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Maurice K. Peaslee and Shirley Adelson Siegel of counsel), for appellant.

Sterling L. Weaver, Richard B. Sullivan and John R. McQueen for respondents.

Gerard A. Navagh for New York State Restaurant Association, Inc., amicus curiae.

Ronald H. Surkin and Leonard P. Nalencz for McDonald's System, Inc., and others, amici curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI and WACHTLER concur with Judge FUCHSBERG; Judge JONES dissents in part and votes to modify in a separate opinion in which Judge MEYER concurs.

FUCHSBERG, J.

In this consolidated article 78 proceeding, brought on, in the nature of certiorari, by three business-related taxpayers, the State Tax Commission asks us to review an order of the Appellate Division which modified an order of the Supreme Court which, in part, had annulled the commission's determinations denying petitioners' applications for revision of sales tax assessments. In particular, in the...

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