HUDSON VAL. FEDERAL CREDIT UNION v. TAXATION & FIN

No. 154.

20 N.Y.3d 1 (2012)

980 N.E.2d 473

956 N.Y.S.2d 425

2012 NY Slip Op 6986

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

Court of Appeals of New York.

Decided October 18, 2012.


Attorney(s) appearing for the Case

K&L Gates LLP, New York City ( Eli R. Mattioli , Darian Alexander , Anthony P. Badaracco and Sarah P. Kenney of counsel), and Quartararo & Lois PLLC, Fishkill ( Dale J. Lois and Paul Quartararo of counsel), for appellant.

Eric T. Schneiderman , Attorney General, New York City ( Brian A. Sutherland , Barbara D. Underwood and Cecelia C. Chang of counsel), for respondents.

Alicia M. Simmons , New York City, Sarah S. Normand and Preet Bharara for United States of America, amicus curiae.

Michael A. Lanotte , General Counsel, Credit Union Association of New York, Albany, and Henry C. Meier , Eric Richard , General Counsel, Credit Union National Association, Washington, D.C., and Kristina A. Del Vecchio for Credit Union Association of New York and another, amici curiae.

Dewey Pegno & Kramarsky LLP, New York City ( David S. Pegno of counsel), for The National Association of Federal Credit Unions, amicus curiae.

Arnold & Porter LLP, New York City ( Kent A. Yalowitz of counsel), for Federal Housing Finance Agency, amicus curiae.

Hollingsworth LLP, Washington, D.C. ( Rosemary Stewart of counsel), for American Bankers Association and another, amici curiae.

Wade Beltramo , General Counsel, New York State Conference of Mayors and Municipal Officials, Albany, and Michael E. Kenneally, Jr. , for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, PIGOTT and JONES concur with Judge GRAFFEO; Judge READ dissents and votes to reverse in a separate opinion; Judge SMITH taking no part.


OPINION OF THE COURT

GRAFFEO, J.

We are asked in this case whether mortgages issued by federal credit unions are subject to the New York State mortgage recording tax under article 11 of the Tax Law. We answer in the affirmative.

In 2009, plaintiff Hudson Valley Federal Credit Union commenced this declaratory judgment action against defendants State Department of Taxation and Finance, its Commissioner and...

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