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O'DONNELL & SONS, INC. v. NEW YORK STATE DEPT. OF TAXATION AND FIN.

2019-00150. Index No. 52772/17.

193 A.D.3d 1063 (2021)

147 N.Y.S.3d 636

2021 NY Slip Op 02535

O'Donnell & Sons, Inc., Appellant, v. New York State Department of Taxation and Finance et al., Respondents.

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

Decided April 28, 2021.

Attorney(s) appearing for the Case

Paul Quartararo, Esq., PLLC (Law Offices of John F. Harnes, PLLC, New York, NY, of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Steven C. Wu and Caroline A. Olsen of counsel), for respondents.

Rivera, J.P., Miller, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was pursuant to CPLR 3211(a) to dismiss the cause of action for a judgment declaring that mortgages issued by New York State federal credit unions are exempt from the imposition of the New York State mortgage recording tax, and adding thereto a provision deeming that branch of the defendants' motion to be for a declaratory judgment in the...

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