AM. SAV. BANK v. MICHAEL


64 N.Y.2d 397 (1985)

In the Matter of American Savings Bank, Formerly Known as Franklin Savings Bank of New York, Respondent, v. Philip R. Michael, as Commissioner of Finance of the City of New York, et al., Appellants. In the Matter of Bowery Savings Bank, Respondent, v. Philip R. Michael, as Commissioner of Finance of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 14, 1985.


Attorney(s) appearing for the Case

Frederick A. O. Schwartz, Jr., Corporation Counsel (Gale Zareko, Stanley Buchsbaum and Maurice Ravage of counsel), for appellants.

Thomas S. Howard, Douglas J. McClintock and Michael V. Kaprelian for respondent in the first above-entitled proceeding.

Terence F. Gilheany, Arnold J. Zurcher, Jr., and Rosemary C. Byrne for respondent in the second above-entitled proceeding.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and ALEXANDER concur.


JASEN, J.

On this appeal, we are asked to determine the proper method of calculating the tax base upon which to premise the alternative minimum tax imposed by the City of New York upon savings banks and savings and loan associations.

Petitioner, Bowery Savings Bank (Bowery) is a mutual savings bank organized and existing under the Banking Law of the State of New York. Bowery timely filed New York City...

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