PYRAMID CO. OF AUBURN v. CHU


177 A.D.2d 970 (1991)

Pyramid Company of Auburn, Appellant, v. Roderick G. W. Chu, as Commissioner of Taxation and Finance of State of New York, as President of The State Tax Commission and As Head of the New York Department of Taxation and Finance, et al., Respondents

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

November 15, 1991


Order unanimously reversed on the law without costs, complaint reinstated and judgment granted, in accordance with the following Memorandum: In this declaratory judgment action, plaintiff alleges that the distinction implicit in Tax Law § 1115 (a) (17) unconstitutionally violates the equal protection of the law. Supreme Court granted defendant summary judgment dismissing the action on the ground of failure to exhaust administrative remedies. We agree with plaintiff's...

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