MATTER OF CAREY v. STATE OF NEW YORK TAX APPEALS TRIBUNAL


208 A.D.2d 996 (1994)

617 N.Y.S.2d 215

In the Matter of Evangeline G. Carey, Petitioner, v. State of New York Tax Appeals Tribunal et al., Respondents

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

October 13, 1994


Mercure, J.

This appeal centers on the reasonableness of respondent Tax Appeals Tribunal's determination that petitioner failed to sustain her burden of establishing exemption from real property gains tax on the sale of her cooperative apartment because the property "consist[ed] of premises occupied by [petitioner] as [her] residence" (Tax Law § 1443 [2]). Concluding that the determination of the Tribunal sustaining the Department of Taxation and...

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