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OWNER-OPERATOR ASSN v. URBACH

182 Misc.2d 576 (1999)

699 N.Y.S.2d 268

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION et al., Plaintiffs, v. MICHAEL H. URBACH, as Commissioner of New York State Department of Taxation and Finance, Defendant.

Supreme Court, New York County.

November 10, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Elizabeth Forman of counsel), for defendant.

Paul D. Cullen, Sr., Washington, D.C., and Lord, Bissell & Brook, New York City (Cary Samowitz of counsel), for plaintiffs.

OPINION OF THE COURT

JANE S. SOLOMON, J.

This proposed class action challenges the constitutionality of Tax Law § 523, which requires the collection of a tax on fuel use on commercial vehicles based on their miles driven on the Governor Thomas E. Dewey Thruway, also known as the New York State Thruway (Thruway). Defendant Michael H. Urbach, the former Commissioner of the New York State Department of Taxation and Finance (Department), moves to dismiss...

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