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MTR GRAND UNION v. TULLY

94 A.D.2d 509 (1983)

In the Matter of Grand Union Company, Petitioner, v. James H. Tully, Jr., et al., Constituting the Tax Commission of The State of New York, Respondents

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

July 21, 1983

Attorney(s) appearing for the Case

John W. Sinon, P. C., for petitioner.

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

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

CASEY, J.

Petitioner challenges a determination of the State Tax Commission insofar as it sustained the denial of petitioner's refund claim seeking credit beyond that allowed by the department for sales and use taxes paid in the purchase of electricity used in meat refrigeration, which is exempt pursuant to subdivision (c) of section 1115 of the Tax Law. Petitioner contends that the commission's refusal to apply...

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