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HOMIER DISTRIB. CO. v. ALBANY

90 N.Y.2d 153 (1997)

681 N.E.2d 390

659 N.Y.S.2d 223

Homier Distributing Company, Inc., Appellant, v. City of Albany, Respondent.

Court of Appeals of the State of New York.

Decided May 13, 1997.

Attorney(s) appearing for the Case

Wiley, Rein & Fielding (Thomas W. Kirby, of the District of Columbia Bar, admitted pro hac vice, of counsel), Iseman, Cunningham, Riester & Hyde, L. L. P., Albany (Frederick C. Riester and Brian M. Culnan of counsel), and James M. Johnstone, of the District of Columbia Bar, admitted pro hac vice, for appellant.

Vincent J. McArdle, Jr., Corporation Counsel of City of Albany (Stacy Kitt of counsel), for respondent.

Dennis C. Vacco, Attorney-General, Albany (Denise A. Hartman, Barbara G. Billett and Peter H. Schiff of counsel), in his statutory capacity under Executive Law § 71.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

TITONE, J.

Plaintiff brought this action to challenge a City of Albany ordinance which imposes a special tax on "transient" retailers who operate at temporary business sites. At the heart of plaintiff's complaint is its claim that the tax discriminates in favor of local retail businesses and therefore violates the Commerce Clause of the Unites States Constitution (US Const, art I, § 8, cl [3]). The City...

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