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MATTER OF FAIRBANK FARMS, INC. v. KASZA

69 A.D.2d 1001 (1979)

In the Matter of Fairbank Farms, Inc., et al., Respondents, v. Thaddeus Kasza et al., as Sales Tax Examiners of The New York Sales Tax Bureau, Appellants

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

April 13, 1979

Judgment reversed, without costs, and petition dismissed, without prejudice to the institution of administrative proceedings in accordance with the following memorandum:

In this CPLR article 78 proceeding, Special Term prohibited respondents-appellants from determining that petitioner-respondent Fairbank Farms, Inc., is subject to assessment of sales tax arising from certain transactions for a specified period of time and...

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