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DIAMOND TERM v. TAXATION DEPT

158 A.D.2d 38 (1990)

In the Matter of Diamond Terminal Corporation, Petitioner, v. New York State Department of Taxation and Finance, Respondent

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

June 21, 1990

Attorney(s) appearing for the Case

Kramer & Fisherman (Marvin E. Kramer and Aaron M. Feinberg of counsel), for petitioner.

Robert Abrams, Attorney-General (Julie S. Mereson and Peter G. Crary of counsel), for respondent.

CASEY, J. P., WEISS, MIKOLL and MERCURE, JJ., concur.

HARVEY, J.

Petitioner was incorporated in 1987 for the purpose of entering into a lease for the operation of a gasoline and motor fuel terminal located at Oceanside, Nassau County. Petitioner's president and sole shareholder is Stanley Coven, who was also president and sole shareholder of another terminal, Milano Equities, Inc. (hereinafter Milano). In July 1987, petitioner filed an application with respondent...

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