Brodsky v. Murphy

Appeal from a judgment of the Supreme Court at Special Term, entered March 19, 1968 in Albany County, which conditionally dismissed petitioners’ application for a judgment- requiring respondents to issue an order directing the City Register of the City of New York to refund certain moneys with interest. In a prior application petitioners instituted a proceeding under article 78 of the CPLR to annul a determination of the respondents which confirmed the imposition of a mortgage recording tax by the City Register of the City of New York. This court, finding that the instrument in question was…