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MTR BARNEY'S v. DEPT OF FIN.

93 A.D.2d 642 (1983)

In the Matter of Barney's, Inc., Petitioner, v. Department of Finance of the City of New York, Respondent

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

May 26, 1983

Attorney(s) appearing for the Case

Franklin S. Bonem of counsel (John W. Ritchie and Steven M. Kayman with him on the brief; Proskauer Rose Goetz & Mendelsohn, attorneys), for petitioner.

Jerome Weinstock of counsel (Cornelius F. Roche and Stanley Buchsbaum with him on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for respondent.

SANDLER, SILVERMAN and ALEXANDER, JJ., concur with ASCH, J.; KUPFERMAN, J. P., dissents in an opinion.

ASCH, J.

In this CPLR article 78 proceeding, transferred to this court by order of the Supreme Court, New York County (CAHN, J.), entered on November 3, 1982, petitioner Barney's, Inc., challenges the final determination of the respondent Department of Finance of the City of New York, issued after a statutory hearing held pursuant to subdivision 1 of section R46-70.0 of the Administrative Code of the City of...

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