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MTR OF WEINFLASH v. TULLY

93 A.D.2d 369 (1983)

In the Matter of Bernard Weinflash et al., Petitioners, v. James H. Tully, Jr., et al., Constituting The New York State Tax Commission, Respondents

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

May 5, 1983

Attorney(s) appearing for the Case

Stein, Simpson & Rosen (Marc Joseph of counsel; Michael F. Youdovin on the brief), for petitioners.

Robert Abrams, Attorney-General (Lawrence J. Logan and William J. Kogan of counsel), for respondents.

MAHONEY, P. J., SWEENEY, KANE and WEISS, JJ., concur.

CASEY, J.

Prior to 1967, petitioner Bernard Weinflash, who resided in New Jersey with his wife, also a petitioner, earned his living as a commission salesman of securities. In that year petitioner was designated a general partner of Charles Plohn & Co. (Plohn), a New York stock brokerage firm, and was approved as an allied member of the New York Stock Exchange. Petitioner's agreement with Plohn provided that...

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