Legal Opinion

City of New York v. State

Appellate Division of the Supreme Court of the State of New York

Decided October 5, 1999Published

1Opinion of the Court

—Orders, Supreme Court, New York County (Barry Cozier, J.), entered June 28, 1999, which, inter alia, declared that the Commuter Tax Law (Tax Law § 1301 [c]; § 1305 [b]; General City Law art 2-E; Administrative Code of City of NY § 11-1902), as amended by chapter 5 of the Laws of 1999, is in violation of the Privileges and Immunities Clause and the Commerce Clause of the Federal Constitution, declared that the enactment of such amendment was not in violation of the home rule provision of the State Constitution, denied an injunction against the State’s enforcement of such statute, and denied…

2Cases cited9 opinions

  1. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
  2. Fulton Corp. v. FaulknerSupreme Court of the United States · 1996
  3. Austin v. New HampshireSupreme Court of the United States · 1975
  4. Socony-Vacuum Oil Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1936
  5. Lunding v. New York Tax Appeals TribunalSupreme Court of the United States · 1998

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