CC&F BUFFALO DEV. v. TULLY


97 Misc.2d 320 (1978)

CC&F Buffalo Development Co., Inc., Plaintiff, v. James H. Tully, Jr., et al., Constituting the State Tax Commission, et al., Defendants.

Supreme Court, Erie County.

December 11, 1978


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Arnold E. Galbo of counsel), for State Tax Commission, defendant. Thaddeus J. Szymanski, County Attorney (Justyn E. Miller of counsel), for County of Erie, defendant. Moot, Sprague, Marcy, Landy, Fernbach & Smythe (Paul M. Edgette of counsel), for plaintiff.


JOSEPH P. KUSZYNSKI, J.

Defendant State Tax Commission moves to dismiss the action of plaintiff CC&F Buffalo Development Co., Inc. (CC&F) for declaratory judgment upon the ground its action should have been brought either as an article 78 proceeding, or a proceeding before the State Court of Claims, and alternatively that the venue should be transferred to Albany County pursuant to CPLR 506 (subd [b...

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