Roosevelt Raceway, Inc. v. Monaghan

Petitioner-respondent, herein called petitioner, instituted an article 78 proceeding to compel respondent-appellant State Harness Racing Commission, hereinafter called respondent, to recognize that it is entitled to be reimbursed out of a construction account provided by statute for certain income tax payments made by it to the Federal Government.

This appeal is from an order directing that the construction account be credited with (1) $1,404,664.63, the amount of the income tax paid to the Federal Government on the sum of $2,858,495.38 previously transferred to the petitioner’s general funds…