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DUFFY v. WETZLER

175 Misc.2d 231 (1997)

668 N.Y.S.2d 869

Eugene H. Duffy et al., Plaintiffs, v. James W. Wetzler et al., Individually and as Present or Former New York State Commissioner of Taxation and Finance, et al., Defendants.

Supreme Court, Queens County.

November 6, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, White Plains (Kevin C. Reilly of counsel), for James W. Wetzler and others, defendants. Jeffrey D. Friedlander, Acting Corporation Counsel of New York City (Frances Henn of counsel), for Anthony Shorris and others, defendants. Anderson Kill & Olick, P. C., New York City (Mark L. Weyman of counsel), O'Neil Cannon & Hollman, Milawaukee, Wisconsin (Eugene Duffy of counsel), and Phelan & Costello, P. C., New York City (John J. Phelan and Robert Costello of counsel), for plaintiffs.

ALAN LEVINE, J.

In this action for declaratory, injunctive and monetary relief challenging the constitutionality of Tax Law § 612 (c) (former [3]) and Administrative Code of the City of New York § 11-1712 (c) (former [3]), defendants James W. Wetzler and Roderick G. W. Chu, the present and former New York State Commissioners of Taxation and Finance, and Edward V. Regan, the former Comptroller of the...

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