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MATTER OF UNDERPINNING CO. v. GEROSA

3 A.D.2d 415 (1957)

In the Matter of Underpinning & Foundation Company, Inc., Petitioner, v. Lawrence E. Gerosa, as Comptroller of The City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 9, 1957.

Attorney(s) appearing for the Case

Patrick H. Sullivan of counsel (Ansley Kime with him on the brief; Whitman, Ransom & Coulson, attorneys), for petitioner.

Isadore Friedman of counsel (Stanley Buchsbaum and Morris L. Heath with him on the brief; Peter Campbell Brown, Corporation Counsel), for respondent.

PECK, P. J., BOTEIN, RABIN, FRANK and VALENTE, JJ., concur.

Per Curiam.

This is an article 78 proceeding instituted by petitioner to review the assessment of a sales tax deficiency. The comptroller's final determination is warranted by the record and should be confirmed (see Buckley Funeral Home v. City of New York, 277 App. Div. 1096).

We take this occasion, however, to reiterate our holding in Matter of McCall Corp. v. Gerosa (2 A.D.2d 358) with respect to...

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