Majority
p. 628The People of the State of New York ex rel. Samuel M. Cowan, Appellant, against Mark Graves et al., Constituting the State Tax Commission, Respondents. Argued October 4, 1940; decided October 18, 1940.
p. 629
William F. Kennedy and Edwin S. Cohen for appellant.
John J. Bennett, Jr., Attorney-General (Joseph M. Mesnig of counsel), for respondents.
Order affirmed, with costs. The distributions in question were dividends within the meaning of subdivision 8 of section 350 of the Tax Law. No opinion.
Concur: Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ. Taking no part: Lehman, Ch. J.