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Matter of Teachers' Retire. v. Dept. of Tax

Supreme Court, Special Term, Albany County
Feb 20, 1960
20 Misc. 2d 751 (N.Y. Sup. Ct. 1960)

Opinion

February 20, 1960

Charles A. Brind, Jr., for petitioner.

John W. Hacker, Corporation Counsel ( Harold E. Blodgett of counsel), for respondents.


This is a tax certiorari proceeding to cancel as exempt from taxation the tax assessment made by the City of Albany, New York, for the taxable year 1959 on the parcel of property owned by the petitioner New York State Teachers' Retirement System and known as 10 North Hawk Street, Albany.

An office building is in process of construction at 10 North Hawk Street for exclusive leasing to the State.

At the time the property was acquired and at the time the assessment was made, subdivision 8 of section 508 Educ. of the Education Law as pertinent provided:

"The retirement system may use a part of its funds, not exceeding five per centum of its net assets * * * (2) for purchasing or leasing of land in the city of Albany and the construction thereon of a suitable office building or buildings for purposes of lease or sale to the state.

* * *

"Real property of the retirement system acquired or constructed pursuant to this subdivision shall be exempted from taxation."

It has been stipulated that the limitation of "five per centum" has not been exceeded.

It was within the power and discretion of the Legislature to confer on the petitioner the function and purpose of purchasing land and constructing an office building thereon for lease to the State and the legislation was not a local law in violation of section 17 of article III of the Constitution of the State of New York.

The petition is granted. Submit order on notice.


Summaries of

Matter of Teachers' Retire. v. Dept. of Tax

Supreme Court, Special Term, Albany County
Feb 20, 1960
20 Misc. 2d 751 (N.Y. Sup. Ct. 1960)
Case details for

Matter of Teachers' Retire. v. Dept. of Tax

Case Details

Full title:In the Matter of NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, Petitioner…

Court:Supreme Court, Special Term, Albany County

Date published: Feb 20, 1960

Citations

20 Misc. 2d 751 (N.Y. Sup. Ct. 1960)
196 N.Y.S.2d 848

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