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MORRIS v. DEPT. OF TAXATION

183 A.D.2d 5 (1992)

In the Matter of Joseph Morris, Petitioner, v. New York State Department of Taxation and Finance et al., Respondents

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

October 22, 1992

Attorney(s) appearing for the Case

Simon, Uncyk & Borenkind (Eli Uncyk of counsel), New York City, for petitioner.

Robert Abrams, Attorney-General (Lew A. Millenbach of counsel), Albany, for New York State Department of Taxation and Finance, respondent.

MIKOLL, J. P., YESAWICH JR., MERCURE and CASEY, JJ., concur.

CREW III, J.

Petitioner is the president of Sunshine Developers Inc., a Delaware corporation formed to purchase, own and operate boats. Petitioner's brother, Robert Morris (hereinafter Morris), and Morris' son, Drew, are Sunshine's only shareholders and Morris acts as Sunshine's secretary-treasurer. Sunshine's corporate offices are located in New Jersey. In April 1985, respondent New York State Department of Taxation...

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