MATTER OF EVANS v. GALLMAN


48 A.D.2d 466 (1975)

In the Matter of William A. Evans, Petitioner, v. Norman F. Gallman et al., Constituting The State Tax Commission, Respondents

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

July 2, 1975


Attorney(s) appearing for the Case

Offermann, Fallon, Mahoney & Cassano (Leo J. Fallon of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Michael F. Colligan and Ruth Kessler Toch of counsel), for respondents.

HERLIHY, P. J., GREENBLOTT, MAIN and REYNOLDS, JJ., concur.


LARKIN, J.

This is a proceeding pursuant to CPLR article 78 to review a determination of the State Tax Commission which sustained motor fuel tax assessments imposed under article 12-A of the Tax Law.

As a distributor of motor fuel (Tax Law, § 282, subd 1), petitioner is subject to an excise tax upon motor fuel sold within the State (Tax Law, §§ 284, 284-a). Subdivision 5 of section 282...

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