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VELEZ v. TAXATION & FIN.

152 A.D.2d 87 (1989)

In the Matter of Giovanni Velez, Petitioner, v. Division of Taxation of the Department of Taxation and Finance et al., Respondents

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

November 9, 1989

Attorney(s) appearing for the Case

Fotopoulos, Rosenblatt, Green, Frasciello, O'Connor & Gall, P. C. (Dennis J. Gall and Gus P. Fotopoulos of counsel), for petitioner.

Robert Abrams, Attorney-General (Nancy A. Spiegel and Wayne L. Benjamin of counsel), for respondents.

MAHONEY, P. J., KANE, MIKOLL and MERCURE, JJ., concur.

YESAWICH, JR., J.

Petitioner purchased a grocery store on September 26, 1984 from Jose Munoz but neglected to notify respondent Department of Taxation and Finance of the bulk sale purchase until eight months later, in contravention of Tax Law § 1141 (c). The Department issued notices of claim to both petitioner and Munoz for sales and use taxes past due from the seller; subsequently, it sent them notices...

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