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BROOKLYN GAS v. COMMISSIONER

108 A.D.2d 74 (1985)

In the Matter of Brooklyn Union Gas Company, Appellant, v. Commissioner of Department 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 16, 1985

Attorney(s) appearing for the Case

Edward J. Walsh, Jr., of counsel (James F. Matthews, Timothy B. Bancroft and Thomas B. Wassel with him on the brief; Cullen & Dykman, attorneys), for appellant.

Gale Zareko of counsel (Anshel David with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for respondents.

Monte Engler and Robert S. Powers of counsel (Javits, Hinckley, Rabin & Engler, attorneys), for Page Boy Inc., and others, amici curiae.

H. Richard Schumacher of counsel (Cahill, Gordon & Reindel, attorneys), for Transcontinental Gas Pipe Line Corporation, amicus curiae.

Harold M. Seidel of counsel (LeBoeuf, Lamb, Leiby & Macrae, attorneys), for Texas Eastern Transmission Corporation, amicus curiae.

KUPFERMAN, J. P., dissents in an opinion.

BLOOM, J.

Petitioner brings this CPLR article 78 proceeding to review two final determinations by the Commissioner of the Department of Finance denying its application for refunds of the utility taxes paid to the City of New York for the tax periods May 1, 1980 through November 30, 1981, and December 1, 1981 through November 30, 1982. Involved are many millions of dollars and the interrelationship and interpretation...

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