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NEW YORK STATE DEP'T OF TAXATION & FIN. v. METRO. OIL OF PUERTO RICO

153 A.D.2d 612 (1989)

New York State Department of Taxation and Finance, Appellant, v. Metropolitan Oil of Puerto Rico et al., Respondents

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

August 14, 1989

Ordered that the judgment is reversed, on the law, with costs, and the application to confirm the temporary seizure is granted.

On May 10, 1988, David L. Campbell, a supervising investigator with the plaintiff New York State Department of Taxation and Finance, boarded a barge which was being towed by a tugboat. The barge was carrying 420,000 gallons of motor fuel destined for the defendant Mount Vernon Energy Terminal, doing business as Key Energy. The barge and tugboat...

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