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MTR FINSERV CORP v. TULLY

94 A.D.2d 197 (1983)

In the Matter of Finserv Computer Corporation, Respondent, v. James H. Tully et al., Constituting The New York State Tax Commission, Appellants

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

June 16, 1983

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Francis V. Dow and Jeremiah Jochnowitz, of counsel), for appellants.

Roemer & Featherstonhaugh (E. Guy Roemer of counsel), for respondent.

MAHONEY, P. J., MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

LEVINE, J.

Approximately 2% or 3% of petitioner's business consists of reproducing the computerized records of its customers onto microfiche or microfilm. Petitioner described this process as follows. After it receives a computer tape from a customer, it may have to perform several procedures in order to determine the tape's physical characteristics and the format of the information on the tape. Then, if the...

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