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.
Court of Appeals of New York.
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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