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MATTER OF J. C. PENNEY CO., INC. v. NEW YORK STATE TAX COMM'N

86 A.D.2d 705 (1982)

In the Matter of J. C. Penney Company, Inc., Appellant, v. New York State Tax Commission, Respondent

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

January 14, 1982

In its effort to obtain review of adverse aspects of an October 17, 1980 decision of the State Tax Commission, petitioner elected to proceed by obtaining an undertaking sufficient to secure the tax due and the costs and charges of the appeal proceeding. Although the notice of petition and the petition itself were timely served on February 13, 1981, because of a process server's inadvertence the $65,500 undertaking, which had been...

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