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MTR. OF NEHI BOTTLING v. GALLMAN

39 A.D.2d 256 (1972)

In the Matter of Nehi Bottling Co., Inc., Petitioner, v. Norman F. Gallman et al., Constituting The New York State Tax Commission, Respondents

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

June 29, 1972.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Donald C. Lubick of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Thomas P. Zolezzi and Ruth Kessler Toch of counsel), for respondents.

GREENBLOTT, SIMONS, KANE and REYNOLDS, JJ., concur.

HERLIHY, P. J.

This is a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review so much of a determination of the State Tax Commission as held that New York State and Erie County sales and use taxes were owing on certain sales to petitioner of returnable soft drink bottles, carrying cases for the...

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