OPINION OF THE COURT
Between August 1991 and August 1995, defendant Commissioner of Taxation and Finance issued eight tax warrants against Coronet Properties Company for unpaid taxes, interest and penalties totaling approximately $7 million. Six of the warrants were issued for taxes imposed under Tax Law former article 31-B (real property transfer gains tax),
The Department’s collection efforts proved unsuccessful and, citing “the anticipated workload required [to collect] the substantial amounts owed by Coronet and [its] own limited re
Insofar as is relevant to this appeal, plaintiff thereafter commenced this declaratory judgment action against, among others, the Commissioner, Cooper Erving and defendant Deputy Commissioner of Taxation and Finance seeking, inter alia, a declaration that the payment of legal fees to Cooper Erving for the performance of certain collection services constituted a misappropriation of State funds. Defendants moved to dismiss the complaint asserting, inter alia, that plaintiff lacked standing to maintain this action. Plaintiff then cross-moved for summary judgment and defendants filed papers in opposition thereto. Supreme Court, inter alia, granted defendants’ motions to dismiss the complaint and this appeal ensued.
State Finance Law § 123-b (1) permits any person who is a citizen taxpayer to maintain an action for equitable or declaratory relief “against an officer or employee of the state who in the course of his or her duties has caused, is now wrongful causing, or is about to cause a wrongful expenditure, misappropriation, misapplication, or any other illegal or unconstitutional disbursement of state funds”.
In this regard, we note that plaintiff devotes a substantial portion of his brief to challenging the process by which Cooper Erving was hired. Specifically, plaintiff argues at length that neither the Department nor the Commissioner had any authority to retain outside counsel to pursue collection matters against Coronet and, further, that whatever authority the Attorney-General had in this regard could not be delegated. This issue need not detain us, however, for two reasons. First, plaintiff’s improper delegation claim does not in any way
Turning to the merits,
In our view, the “bring or cause to be brought” language set forth in Tax Law § 1414 (a) and § 1449 (1) is sufficiently broad to permit the Attorney-General to retain outside counsel to perform enforcement and collection services with respect to taxes imposed under Tax Law article 31 and former article 31-B. While the language contained in Tax Law § 692 (h) is not nearly as expansive, such text certainly cannot be read as precluding the Attorney-General from retaining outside counsel to pursue available enforcement mechanisms as to taxes due under Tax Law article 30. Thus, we conclude that Supreme Court appropriately found that the Attorney-General is not prohibited from retaining outside counsel to engage in collection services with respect to the taxes owed by Coronet. Plaintiffs remaining contentions have been examined and found to be lacking in merit. Accordingly, Supreme Court’s order is modified to the extent of issuing a declaration in favor of defendants.
Cardona, P. J., Mikoll, White and Yesawich Jr., JJ., concur.
Ordered that the order is modified, on the law, without costs, by declaring that it has not been shown that defendant Commissioner of Taxation and Finance, defendant Deputy Commissioner of Taxation and Finance or defendants John Does 1-100 illegally or improperly retained defendant Cooper, Erving, Savage, Nolan & Heller L. L. P., to perform certain legal services in this matter, and, as so modified, affirmed.
. Tax Law article 31-B was repealed effective July 13, 1996 as to transfers occurring on or after June 15, 1996 but remains in full force and effect with regard to all such taxes incurred prior to the effective date (see, L 1996, ch 309, §§ 171, 469 [6] [a]).
. Plaintiff served as in-house counsel to Coronet and also served as a vice-president and assistant secretary of GSR Corporation, a general partner of GSR Associates which, in turn, is a general partner of Coronet. Plaintiffs administrative challenge to the notices of determination apparently is pending.
. State Finance Law § 123-b (2) permits the plaintiff in such action to join as a party defendant the recipient or intended recipient of such funds, which in this case was Cooper Erving.
. Although Supreme Court’s order, inter alia, granted defendants’ motions to dismiss the complaint, the court, in reality, granted summary judgment in favor of defendants. Inasmuch as the parties have charted that course and have fully briefed the merits of the underlying dispute on appeal, we will consider whether defendants are entitled to a declaration in their favor.
