| NY | Oct 25, 1979

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs. We agree that the charges established by SCPA *7482402 constitute fees, not a tax, and that they have not been shown to be without rational basis.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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