MATTER OF BITABLE ON BROADWAY, INC. v. WETZLER


199 A.D.2d 633 (1993)

604 N.Y.S.2d 990

In the Matter of Bitable On Broadway, Inc., Petitioner, v. James W. Wetzler, as Commissioner of Taxation and Finance, et al., Respondents

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

December 9, 1993


Mercure, J.

By this CPLR article 78 proceeding, petitioner, the owner and operator of a bar and restaurant in New York City, challenges a determination of respondent Tax Appeals Tribunal sustaining sales and use tax assessments for the period March 1, 1984 through February 28, 1987 in the amount of $23,521.24, plus penalty and interest. The only contentions advanced by petitioner are that the auditor erroneously resorted to external indices to estimate...

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