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FED. INS. CORP. v. TAX COMMR.

189 A.D.2d 39 (1993)

In the Matter of Federal Deposit Insurance Corporation, as Receiver of Goldome, Successor to Goldome Capital Investments, Inc., Petitioner, v. Commissioner of Taxation & Finance et al., Respondents

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

March 4, 1993

Attorney(s) appearing for the Case

Saperston & Day, P. C., Buffalo (Charles C. Swanekamp of counsel), for petitioner.

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

MERCURE and HARVEY, JJ., concur with WEISS, P. J.; CASEY and CREW III, JJ., dissent in a separate opinion by CASEY, J.

WEISS, P. J.

United National Corporation (hereinafter UNC) was a publicly held corporation formed in Delaware and headquartered in New York City. It was in the main a real estate holding corporation which at the relevant times owned substantial real property in over 20 locations in 17 cities in 11 States. In September 1982, the trustees of Buffalo Savings Bank met and were told that UNC "has stated assets of...

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