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O'Donnell & Sons, Inc. v. New York State Department of Taxation and Finance, et al.

Paid petition · Appellate Division, Supreme Court of New York, Second Judicial Department, No. 2019-00150 · judgment April 28, 2021


Certiorari denied · June 27, 2022
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Whether the Federal Credit Union Act—which exempts federal credit unions “from all taxation” other than taxes on credit unions’ real property and tangible personal property, 12 U.S.C. § 1768—prohibits the imposition of a state tax on the recording of federal credit union mortgages.

Counsel of record

For petitioner
Tejinder Singh
Sparacino PLLC

For respondent
Barbara Dale Underwood
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
21A274

Proceedings

  1. Jun 27 2022
    Petition DENIED.
  2. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  3. Jun 07 2022
    Reply of petitioner O’Donnell & Sons, Inc. filed. (Distributed)
  4. May 24 2022
    Brief of respondents New York State Dept. of Taxation & Finance, et al. in opposition filed.
  5. May 09 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2022, for all respondents.
  6. May 06 2022
    Motion to extend the time to file a response from May 16, 2022 to May 24, 2022, submitted to The Clerk.
  7. Mar 31 2022
    Motion to extend the time to file a response is granted and the time is extended to and including May 16, 2022.
  8. Mar 30 2022
    Motion to extend the time to file a response from April 14, 2022 to May 16, 2022, submitted to The Clerk.
  9. Mar 11 2022
    Petition for a writ of certiorari filed. (Response due April 14, 2022)
  10. Feb 01 2022
    Application (21A274) granted by Justice Sotomayor extending the time to file until March 11, 2022.
  11. Jan 27 2022
    Application (21A274) to extend further the time from February 9, 2022 to March 11, 2022, submitted to Justice Sotomayor.
  12. Dec 23 2021
    Application (21A274) granted by Justice Sotomayor extending the time to file until February 9, 2022.
  13. Dec 21 2021
    Application (21A274) to extend the time to file a petition for a writ of certiorari from January 10, 2022 to February 9, 2022, submitted to Justice Sotomayor.