Opinion
Argued September 12, 1979
Decided October 25, 1979
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, FRANK J. KRONENBERG, J.
Norman E. Joslin, appellant pro se. Robert Abrams, Attorney-General (Michael F. Colligan, Shirley Adelson Siegel and William J. Kogan of counsel), for respondents.
Allan R. Lipman for Erie County Bar Association, amicus curiae.
MEMORANDUM.
The order of the Appellate Division should be affirmed, without costs. We agree that the charges established by SCPA 2402 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.