MTR OF CAMPBELL OIL v. CHU


127 Misc.2d 281 (1985)

In the Matter of Campbell Oil Co., Inc., Petitioner, v. Roderick G. W. Chu, as Commissioner of the Department of Taxation and Finance of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

February 19, 1985


Attorney(s) appearing for the Case

Saperston, Day, Lustig, Gallick, Kirschner & Gaglione, P. C., for petitioner. Robert Abrams, Attorney-General (Richard J. Freshour of counsel), for respondent.


JOHN G. CONNOR, J.

Petitioner seeks a judgment in the nature of mandamus to compel respondent to assess, determine and collect certain sales, use and franchise taxes allegedly due and owing the State from certain persons herein described. Respondent moves to dismiss on the grounds that petitioner lacks standing, that the petition fails to state grounds upon which the relief sought may be granted, and that petitioner is not entitled to the mandamus relief...

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