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BROOKS v. TAX TRIBUNAL

196 A.D.2d 140 (1994)

In the Matter of B. V. Brooks et al., Petitioners, v. Tax Appeals Tribunal of the State of New York et al., Respondents

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

March 10, 1994

Attorney(s) appearing for the Case

Howard M. Koff, Albany, and Salamon, Gruber, Newman, Blaymore & Rothschild, Roslyn Heights (Michael D. Blaymore of counsel), for petitioner.

G. Oliver Koppell, Attorney-General, Albany (Julie S. Mereson and Nancy A. Spiegel of counsel), for Commissioner of Taxation and Finance, respondent.

CARDONA, P. J., MIKOLL and WEISS, JJ., concur.

CREW III, J.

This proceeding involves the transfer of certain residential lots located in the Town of Brookhaven, Suffolk County. Mardex Homes, Ltd. purchased 83 of the 92 lots at issue in 1967, with petitioner B. V. Brooks (hereinafter Brooks) acquiring the remaining nine lots shortly thereafter. In 1971, Mardex and Brooks transferred the lots in question to certain petitioners and other individuals to shield...

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