MATTER OF ABRAMS v. BRADY


77 N.Y.2d 741 (1991)

In the Matter of Robert Abrams, as Attorney-General of the State of New York, Appellant, and Harry B. Frank, Respondent, v. Nicholas F. Brady, as Secretary of the Treasury, United States Department of the Treasury, Respondent.

Court of Appeals of the State of New York.

Decided May 9, 1991.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Pamela A. Mann, O. Peter Sherwood, Lawrence S. Kahn, Susan Scheid and Susan A. Glover of counsel), appellant pro se.

Richard W. Mark, Otto G. Obermaier and Edward T. Ferguson, III, for Nicholas F. Brady, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.


TITONE, J.

Federal tax refunds that are owed but have remained unclaimed have traditionally been held for the taxpayer in the general fund of the United States Treasury. In this proceeding, the New York State Attorney-General seeks to recover from the United States Government those unclaimed refunds which, he alleges, have escheated or will escheat to the State by operation...

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