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  5. 87 A.D.2d 909 (1982)
 

MATTER OF BLDG. CONTRACTORS ASS'N, INC. v. TULLY

87 A.D.2d 909 (1982)

In the Matter of Building Contractors Association, Inc., et al., Respondents, v. James H. Tully, Jr., as Commissioner of Taxation and Finance of The State of New York, et al., Appellants

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

April 1, 1982

This matter was originally commenced in 1977 as a proceeding under CPLR article 78. On appeal from a judgment of dismissal of that proceeding, this court reversed, converted the matter to an action for a declaratory judgment, and remitted it to Special Term for further proceedings (Matter of Building Contrs. Assn. v Tully, 65 A.D.2d 199). When the parties thereafter cross-moved for summary judgment, Special Term granted petitioners...

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