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MTR FRYE v. COMMISSIONER

95 A.D.2d 274 (1983)

In the Matter of William R. Frye, Petitioner, v. Commissioner of Finance of the City of New York et al., Respondents

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

August 11, 1983

Attorney(s) appearing for the Case

William R. Frye, petitioner pro se.

Stanley Buchsbaum of counsel (Gale Zareko, Alvin H. Kaufer and Frances J. Henn with him on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for respondents.

SANDLER and SULLIVAN, JJ., concur with FEIN, J.; KUPFERMAN, J. P., and ALEXANDER, J., dissent in part in an opinion by KUPFERMAN, J. P.

FEIN, J.

Petitioner is a self-employed journalist. The nature of his employment, activities and background are adequately described in the dissent. The issue is whether the Commissioner of Finance of the City of New York abused his discretion in determining that petitioner was not a professional within the meaning of section S46-2.0 of the Administrative Code of the City of New York and therefore not exempt from the unincorporated business tax. The code...

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