HUDSON VALLEY FEDERAL CREDIT UNION v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE

No. 106732/09 -1998 -2536, 5235, 5236.

85 A.D.3d 415 (2011)

924 N.Y.S.2d 360

2011 NY Slip Op 4599

HUDSON VALLEY FEDERAL CREDIT UNION, Appellant, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 2, 2011.


Plaintiff seeks a declaration that it and other federal credit unions are exempt from the New York State mortgage recording tax (MRT), in connection with mortgages given to secure loans made by them to their members, under the Federal Credit Union Act of 1934 (FCUA) (12 USC §§ 1751-1795k) and the Supremacy Clause of the US Constitution. The motion court correctly concluded that the MRT is not a tax on property and therefore...

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