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WEGMANS FOOD MKTS., INC. v. DEP'T OF TAXATION & FIN. OF THE STATE OF NEW YORK

115 A.D.2d 962 (1985)

Wegmans Food Markets, Inc., Respondent, v. Department of Taxation and Finance of the State of New York, Appellant

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

December 20, 1985

Order unanimously affirmed, with costs.

Memorandum:

We affirm for reasons stated in the memorandum decision by Special Term, Boehm, J. (Wegmans Food Mkts. v Department of Taxation & Fin., 126 Misc.2d 144). We note only that Special Term erred in characterizing a 1977 opinion letter by the State Tax Commissioner to the New York City Industrial Development Agency as a rule or regulation subject to the filing...

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