Majority
p. 664Bathrick Enterprises, Inc., Respondent, v. Joseph H. Murphy et al., Constituting the State Tax Commission, Appellants. Argued October 9, 1968; decided November 13, 1968.
p. 666
Louis J. Lefkowitz, Attorney-General (Edwin B. Oberwager and Butin, Kessler Took of counsel), for appellants.
Jeremiah J. Moriarty for respondent.
John B. Davison for Music Operators of New York, Inc., and others, amici curiae.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.