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KENNING v. DEPT. OF TAX. & FIN.

72 Misc.2d 929 (1972)

In the Matter of Charles B. Kenning et al., Petitioners, v. Department of Taxation and Finance, Respondent.

Supreme Court, Special Term, Albany County.

December 14, 1972

Attorney(s) appearing for the Case

Kaufman, Kenning, Tyle, Pauley & Baker for petitioners. Louis J. Lefkowitz, Attorney-General (Francis V. Dow of counsel), for respondent.

JOHN T. CASEY, J.

The petitioners by order to show cause instituted a proceeding under CPLR article 78 for an order prohibiting the Department of Taxation and Finance from filing a tax warrant or levying against the petitioners for tax deficiencies for the years 1965 and 1966. The petitioners claim they are entitled to the relief because the Department of Taxation and Finance failed to notify them of the tax...

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