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AM. SAV. BANK v. MICHAEL

101 A.D.2d 40 (1984)

In the Matter of American Savings Bank, Formerly Known as Franklin Savings Bank of New York, Petitioner, v. Philip R. Michael, as Commissioner of Finance of The City of New York, et al., Respondents In the Matter of Bowery Savings Bank, Petitioner, v. Philip R. Michael, as 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.

April 3, 1984

Attorney(s) appearing for the Case

Thomas S. Howard of counsel (Douglas J. McClintock and Michael V. Kaprelian with him on the brief; Thacher, Proffitt & Wood, attorneys), for American Savings Bank, petitioner.

Terence F. Gilheany of counsel (Arnold J. Zurcher, Jr., Wayne M. Grzecki and Rosemary C. Byrne with him on the brief; Cadwalader, Wickersham & Taft, attorneys), for Bowery Savings Bank, petitioner.

Gale Zareko of counsel (Stanley Buchsbaum and Maurice Ravage with her on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for respondents.

KUPFERMAN, J. P., and SULLIVAN, J., concur with MILONAS, J.; BLOOM and KASSAL, JJ., dissent in an opinion by KASSAL, J.

MILONAS, J.

In separate petitions brought pursuant to CPLR article 78, petitioners, American Savings Bank and the Bowery Savings Bank, seek to review and annul determinations by respondents, Commissioner of Finance of the City of New York and the Department of Finance of the City of New York, assessing certain tax deficiencies against them for the years 1973 through 1975 inclusive. The issue before us here involves...

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