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Gurney v. Tully

51 N.Y.2d 818 Court N.Y. Decision date 1980-10-09 English

Judges Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Contents

Majority

p. 818
In the Matter of Robert J. Gurney et al., Respondents, v James H. Tully, Jr., et al., Constituting the State Tax Commission, Appellants.
Argued September 4, 1980;
decided October 9, 1980
p. 820
APPEARANCES OF COUNSEL
Robert Abrams, Attorney-General (Michael F. Colligan and Shirley Adelson Siegel of counsel), for appellants.
Robert J. Kaplan and Bernard E. Singer for respondents.

OPINION OF THE COURT

Order reversed, with costs, and the judgment of Supreme Court, Albany County, reinstated for reasons stated in the dissenting opinion by Mr. Justice Ellis J. Staley, Jr., at the Appellate Division ( 67 AD2d 303 , 305-307).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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