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  5. 42 N.Y.2d 32 (1977)
 

MATTER OF LEVIN v. GALLMAN

42 N.Y.2d 32 (1977)

In the Matter of Thomas Levin, Respondent, v. Norman F. Gallman et al., Individually and Constituting the State Tax Commission, Appellants.

Court of Appeals of the State of New York.

Decided June 14, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert W. Bush and Ruth Kessler Toch of counsel), for appellants.

John J. Mullally for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division is reversed, with costs, the determination of the Tax Commission is confirmed, and the petition is dismissed. Petitioner, president of the now defunct Allcrete Corporation, received a notice of deficiency from the New York State Income Tax Bureau for employee withholding deductions which were reported but not remitted to the bureau. Petitioner filed an application for redetermination...

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