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MTR PARKMED v. TAX COMM.

94 A.D.2d 341 (1983)

In the Matter of Parkmed Associates et al., Petitioners, v. New York State Tax Commission, Respondent

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

June 30, 1983

Attorney(s) appearing for the Case

Carro, Spanbock, Fass, Geller, Kaster & Cuiffo (Charles D. Bock, Mark Budoff and John J. Fausti of counsel), for petitioners.

Robert Abrams, Attorney-General (Lawrence J. Logan and William J. Kogan of counsel), for respondent.

YESAWICH, JR., and WEISS, JJ., concur with MAIN, J. P.; MIKOLL and LEVINE, JJ., dissent and vote to annul in an opinion by LEVINE, J.

MAIN, J. P.

Petitioner Parkmed Associates is a limited partnership and petitioner Parkmed Company is a general partnership (the two entities will be jointly referred to as Parkmed). During the years 1973 through 1975 Parkmed owned and operated a diagnostic and treatment clinic for the termination of pregnancies, performing an average of 20,000 abortions per year, and for these years it filed New York State partnership...

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