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ACME FOLDING BOX CO., INC. v. FIN. ADMIN. OF THE CITY OF NEW YORK

67 A.D.2d 689 (1979)

Acme Folding Box Co., Inc., Appellant, v. Finance Administration of the City of New York et al., Respondents

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

January 22, 1979

Order reversed, without costs or disbursements, and motion granted.

In order to be timely the instant proceeding had to be commenced before October 25, 1977. An agent of the petitioner appeared at the office of the Tax Commission for the City of New York on Thursday, October 20, 1977, with the intention of filing the necessary petition to commence the proceeding. Although the petition was apparently properly prepared and legally constituted, the clerk in charge refused...

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