TAX COMM. v. BEST PONTIAC


119 Misc.2d 233 (1983)

State Tax Commission, Judgment Creditor, v. Best Pontiac, Inc., Judgment Debtor.

Supreme Court, Special Term, Albany County.

May 16, 1983


Attorney(s) appearing for the Case

Joel A. Scelsi for judgment debtor. Robert Abrams, Attorney-General, for judgment creditor.


JOHN G. CONNOR, J.

The judgment debtor (Best) moved by order to show cause dated July 15, 1982 to vacate the warrant and tax collector's levy pending a hearing and/or the determination of the validity of said warrant and levy.

The judgment creditor (Tax Commissioner) by motion dated January 14, 1983 moved to dismiss Best's petition to dismiss this matter on the grounds that:

(1) There is no underlying proceeding or action in connection...

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