860 W. TOWER v. LEVY


53 N.Y.2d 450 (1981)

In the Matter of 860 West Tower, Inc., Respondent, v. Norman A. Levy et al., Constituting the Tax Commission of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 6, 1981.


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Renee Modry and Leonard Olarsch of counsel), for appellants.

Edward T. Post for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur.


JONES, J.

Under the pertinent regulation promulgated by the city an application for audit and refund of New York City real property taxes determined on final order to be erroneous is deemed made when a certified copy of the final order is served on the proper fiscal officer, notwithstanding that necessary supporting receipted bills and canceled checks are not submitted until a later date.

An order was...

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