American Can Co. v. State Tax Commission — 10 N.Y.2d 1015

Majority

p. 1015

In the Matter of American Can Company, Respondent, v. State Tax Commission, Appellant.

Submitted November 28, 1961;

decided January 11, 1962.

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager and Paxton Blair of counsel), for appellant.

David E. Watts for respondent.

p. 1016

Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.