MATTER OF SCHENCK v. STATE TAX COMM'N OF THE STATE OF NEW YORK


112 A.D.2d 517 (1985)

In the Matter of Frank Schenck, Appellant, v. State Tax Commission of the State of New York, Respondent

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

July 3, 1985


Main, J.

To challenge a determination of respondent, petitioner sought to commence a CPLR article 78 proceeding. To do so, petitioner, without a notice of petition and without service on the Attorney-General, served a petition upon respondent, which then moved to dismiss for lack of jurisdiction. Special Term granted the motion and dismissed the petition. An appeal from the judgment entered thereon was apparently taken, although the record does not include...

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