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  5. 72 N.Y.2d 943 (1988)
 

MATTER OF ST. JOE RES. CO. v. NEW YORK STATE TAX COMM'N

72 N.Y.2d 943 (1988)

In the Matter of St. Joe Resources Company, a Division of St. Joe Minerals Corporation, Respondent, v. New York State Tax Commission, Appellant.

Court of Appeals of the State of New York.

Decided September 20, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and John Q. Driscoll of counsel), for appellant.

Sanders D. Heller for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment reversed, with costs, and the determination of the State Tax Commission reinstated for the reasons stated in the dissenting opinion by Justice Paul J. Yesawich, Jr., at the Appellate Division (132 A.D.2d 98

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