RADIO CARRIERS v. STATE


158 Misc.2d 695 (1993)

601 N.Y.S.2d 513

Radio Common Carriers of New York, Inc., et al., Plaintiffs, v. State of New York et al., Defendants.

Supreme Court, New York County.

June 9, 1993


Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin & Balon, New York City, for plaintiffs. Robert Abrams, Attorney-General, New York City, for defendants.


SHIRLEY FINGERHOOD, J.

Plaintiffs seek a declaratory judgment that Tax Law § 1150 entitled "Special fee on paging devices" is unconstitutional on its face and as applied. They also request that attorneys' fees be awarded pursuant to the Civil Rights Attorney's Fees Awards Act of 1976 (see, 42 USC §§ 1983, 1988).

Plaintiffs are radio common carriers, businesses to which the Federal...

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