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MTR. OF COHEN v. TAX COMM.

51 A.D.2d 79 (1976)

In the Matter of Seymour Cohen, Appellant, v. State Tax Commission, Respondent

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

January 29, 1976

Attorney(s) appearing for the Case

Richard S. Bernstein and Julius Krumholz for appellant.

Louis J. Lefkowitz, Attorney-General (Francis V. Dow and Ruth Kessler Toch of counsel), for respondent.

GREENBLOTT, KANE, KOREMAN and MAIN, JJ., concur.

HERLIHY, P. J.

The petitioner, within the four-month period for judicial review of a March 6, 1974 determination of the respondent, sought to institute this special proceeding by service of a notice of petition and petition upon the Attorney-General. The question is whether or not such service is sufficient to stop the running of the Statute of Limitations as against the respondent Tax Commission.

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