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METRO. ASSN. v. KOCH

89 A.D.2d 317 (1982)

Metropolitan Package Store Association, Inc., et al., Appellants, and Ace Wines & Liquors, Inc., et al., Intervenors-Appellants, v. Edward I. Koch, as Mayor of The City of New York, et al., Respondents

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

November 4, 1982

Attorney(s) appearing for the Case

Gerard A. Navagh for appellants.

Seymour S. Howard for Ace Wines & Liquors, Inc., and others, intervenors-appellants.

Mehler & Buscemi (Francis R. Buscemi of counsel), for Retailers Alliance, Inc., and others, intervenors-appellants.

Frederick A.O. Schwarz, Jr., Corporation Counsel (Isaac C. Donner, Gale Zareko and Maurice Ravage of counsel), for Edward I. Koch and another, respondents.

Robert Abrams, Attorney-General (Francis V. Dow of counsel), for James H. Tully, Jr., and others, respondents.

MAHONEY, P. J., KANE, CASEY and LEVINE, JJ., concur.

WEISS, J.

Plaintiffs and plaintiffs-intervenors are either retailers, wholesalers, or a trade association of liquor retailers, who seek a judgment declaring that the provisions of Local Law No. 30 of 1980 of the City of New York are unconstitutional and void, and enjoining defendants from administering and collecting excise taxes pursuant thereto or from imposing sanctions or penalties for noncompliance. Said...

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