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SLATER v. GALLMAN

44 A.D.2d 657 (1974)

Irwin Slater, Appellant, v. Norman F. Gallman, Individually and as Acting Commissioner of The Department of Taxation and Finance of the State of New York, Respondents

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

April 4, 1974

Appellant has demonstrated no valid reason which would excuse him from following the procedure for administrative review, as set forth in section 374 of the Tax Law. Hence, Special Term was without jurisdiction and properly dismissed his action.

Kupferman, J., dissents in the following memorandum:

This is an action for declaratory judgment of the nullity of allegedly false and fictitious tax assessments...

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