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OWNER ASSN v. TAXATION & FIN

5551-13.

52 Misc.3d 855 (2016)

34 N.Y.S.3d 332

OWNER OPERATOR INDEPENDENT DRIVERS ASSOCIATION et al., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE et al., Defendants.

Supreme Court, Albany County.

Decided January 22, 2016.

Attorney(s) appearing for the Case

Tabner, Ryan & Keniry, LLP, Albany ( Thomas R. Fallati of counsel), for plaintiffs.

Eric T. Schneiderman , Attorney General, Albany ( Helena Lynch of counsel), for defendants.

The Cullen Law Firm, PLLC ( Paul D. Cullen, Sr. , Daniel E. Cohen and Joseph A. Black of counsel) for petitioners.

OPINION OF THE COURT

In this class action, plaintiffs challenge the constitutionality of two provisions of Tax Law § 502 requiring the payment of fees by certain vehicles operating on public highways in New York State. Specifically, plaintiffs challenge the $15 fee charged for a certificate of registration (hereinafter...

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