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MATTER OF READY-MIX & SUPPLY CORP. v. STATE TAX COMM'N

63 A.D.2d 1044 (1978)

In the Matter of Ready-Mix & Supply Corporation, Appellant v. State Tax Commission et al., Respondents

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

June 1, 1978

Petitioner, seeking review of a tax determination rendered on February 9, 1977, after a hearing, served a notice of petition and petition on respondent on June 7, 1977. The return day recited the notice of petition was June 24, 1977, only 17 days following the date of service. Respondents, on June 15, moved to dismiss on the ground that service was not made at least 20 days prior to the return date of the petition. The four-month...

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