Savings Bank v. New York State Tax Commission

*206OPINION OF THE COURT

Doerr, J.

The central issue on this appeal is whether the New York franchise tax scheme, which provides different tax treatment for commercial and savings banks (Tax Law § 1450 et seq.), violates the equal protection clause of the Constitution. A similar challenge was rejected over a decade ago (Woodside Sav. & Loan Assn. v Gallman, 73 Misc 2d 357, affd on opn below 34 NY2d 674), but plaintiff argues that legislative changes in the ensuing years, which have largely obliterated the distinctions between the two banks, have rendered the taxing statute unconstitutional. For the…