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OWNER OPERATOR IND. DRIVERS ASSOC. v. NEW YORK STATE DEPT. OF TAXATION & FIN.

Docket No. 5551-13, Rji No. 01-13-111950.

2014 NY Slip Op 30226(U)

OWNER OPERATOR INDEPENDENT DRIVERS ASSOCIATION; BRYAN SPOON, D/B/A SPOON TRUCKING; STEVE BIXLER; JACK McCOMB; and LEWIE PUGH; Plaintiffs, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, THOMAS H. MATTOX, Individually and in his Official Capacity as Commissioner of the New York State Department of Taxation and Finance; THE STATE OF NEW YORK, and ANDREW M. CUOMO, Individually and in his Official Capacity as Governor of the State of New York; Defendants.

Supreme Court, Albany County.

January 28, 2014

Attorney(s) appearing for the Case

Tabner, Ryan and Keniry, LLP, Thomas R, Fallati, Esq. , 18 Corporate Woods Boulevard, Albany, New York 12211, Attorneys for Plaintiffs.

Eric T. Schneiderman, Esq. , Attorney General of the State of New York, Adele Taylor Scott, Esq. AAG, The Capitol, Albany, New York 12224, Attorneys for the Defendants.

DECISION and ORDER

JOSEPH C. TERESI, Judge.

Plaintiffs' complaint, which seeks a declaratory judgement, an injunction, and damages, challenges the constitutionality of "certain highway taxes in the amount of $15.001 for a certificate of registration (`Registration Tax'), and a $4.002 decal charge (`Decal Tax')." Prior to answering, Defendants move to dismiss pursuant to CPLR 3211(a)(7) and for denial...

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