New York Court of Appeals

In the Matter of Moran Towing Corporation

March 27, 200399 N.Y.2d 443

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the petroleum business tax provisions on fuel consumption by vessels engaged in interstate commerce are not facially unconstitutional under the Commerce Clause because a substantial nexus can exist. The court also remanded the due‑process claim concerning the retroactive application of the 1997 amendments for further consideration.