Opinion
Reargued January 12, 1949.
Decided February 24, 1949
Appeal from the Supreme Court, Appellate Division, Third Department.
Tracy H. Ferguson for appellant.
Nathaniel L. Goldstein, Attorney-General ( John C. Crary, Jr., Wendell P. Brown and Irving I. Waxman of counsel), for respondents.
Upon reargument: Order of Appellate Division and determination of State Tax Commission modified by annulling the determination of the State Tax Commission to the extent of 42.53% of the tax involved and, as so modified, affirmed, with costs in this court and in the Appellate Division. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ.