GURNEY v. STATE OF NEW YORK


201 Misc. 383 (1952)

John K. Gurney, as Executor of Thomas N. Gurney, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 31119.)

Court of Claims.

April 9, 1952.


Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Douglas L. Manley of counsel), for defendant.

Julian A. Gregory and Burton H. Brody for claimant.


SYLVESTER, J.

This motion raises the question of the sufficiency of the claim. It is urged also that claimant's sole remedy is by way of an article 78 proceeding in another forum.

On July 26, 1948, Surrogate HOWELL of Nassau County made an order fixing tax in the sum of $9,143.79 in the estate of Thomas N. Gurney, deceased, of which claimant is the executor. Prior thereto, on August 6, 1947, claimant deposited with the New York State Tax Commission...

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