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MATTER OF HENRY v. WETZLER

183 A.D.2d 57 (1992)

In the Matter of Stanley Henry, Individually and on Behalf of Chanry Communications, Ltd., Petitioner, v. James W. Wetzler, as Commissioner of The 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

Thomas P. Schulz, Farmingdale, for petitioner.

Robert Abrams, Attorney-General (Julie S. Mereson and Wayne L. Benjamin of counsel), Albany, for James W. Wetzler, respondent.

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

CREW III, J.

The essential facts have been stipulated. At all relevant times, petitioner was an officer of Chanry Communications, Ltd. which owns, publishes and distributes 17 separate free-circulation "pennysaver" newspapers throughout the Long Island region. Chanry is in the business of soliciting and receiving advertisements from various advertisers which, in turn, require that their ads appear in the pennysavers...

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