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MTR. OF LINSLEY v. GALLMAN

38 A.D.2d 367 (1972)

In the Matter of Duncan R. Linsley et al., Petitioners, v. Norman F. Gallman et al., Constituting The State Tax Commission of the State of New York, Respondents

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

March 13, 1972.

Attorney(s) appearing for the Case

Emil Sebetic (Henry L. Glenn of counsel), for petitioners.

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

HERLIHY, P. J., STALEY, JR., GREENBLOTT and KANE, JJ., concur.

SWEENEY, J.

This is a proceeding under article 78 of the CPLR (transferred to the Appellate Division in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission holding that petitioners are liable for personal income taxes for the years 1961, 1962 and 1963 and denying refunds of taxes paid under protest for those...

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