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MATTER OF GULF OIL CORP. v. JOSEPH

283 A.D. 309 (1954)

In the Matter of Gulf Oil Corporation, Petitioner, v. Lazarus Joseph, as Comptroller of The City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 16, 1954.

Attorney(s) appearing for the Case

Matthew S. Gibson for petitioner.

Bernard H. Sherris of counsel (Stanley Buchsbaum with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for respondent.

BASTOW, BOTEIN and BERGAN, JJ., concur in Per Curiam opinion; CALLAHAN, J., dissents in opinion in which PECK, P. J., concurs.

Per Curiam.

The petitioner, a Pennsylvania corporation, does an extensive interstate as well as intrastate business. It brings this article 78 proceeding to review a final determination of the comptroller of the City of New York, denying its application for a refund of gross receipts taxes paid during the years 1945 through 1949 for the privilege of doing business in the city (Administrative Code of City of New York...

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