MATTER OF SAV. BANKS TRUST CO. v. COMPTROLLER OF THE STATE OF NEW YORK


101 A.D.2d 908 (1984)

In the Matter of Savings Banks Trust Company, Petitioner, v. Comptroller of the State of New York, Respondent

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

May 3, 1984


¶ The issue presented in the instant proceeding is whether petitioner, between 1975 and 1979, properly imposed a service charge of $2.50 per month, per item, on unclaimed property held in its custody income clearance account before the property was turned over to the Comptroller as abandoned property. A hearing officer determined that the imposition was improper, finding that since petitioner "does not have a right to deduct a service fee by contract or statute, and...

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