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BENACQUISTA v. TAXATION COMMR

191 A.D.2d 80 (1993)

In the Matter of Benacquista, Polsinelli & Serafini Management Corporation, Petitioner, v. Commissioner of Taxation and Finance of the State of New York et al., Respondents

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

June 10, 1993

Attorney(s) appearing for the Case

John H. Dennis, Albany, for petitioner.

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

MIKOLL, J. P., CREW III, MAHONEY and HARVEY, JJ., concur.

YESAWICH JR., J.

Petitioner owned two large parcels of real property in the City of Albany, referred to as the Karner Road property, developed as an industrial park, and the Washington Avenue Extension property, which was developed as an office park. Subdivision plans were filed for the two properties in 1978 and 1982, respectively. Petitioner sold several lots from each property prior to the effective date of...

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