Judgment reversed, on the law, with costs, and proceeding dismissed on the merits.
The City Director of Finance, under subdivision b of section D46-4.0 of the New York City Administrative Code, may appoint any person as an agent to affix tax stamps to cigarette packages (cf. Tax Law, § 472). Such an agent serves at the pleasure of the Director of Finance, and the agency may be terminated at will and without cause (see Matter of Sea Lar Trading Co. v Michael...
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