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MATTER OF SPODEK v. NEW YORK STATE COMM'R OF TAXATION & FIN.

226 A.D.2d 1024 (1996)

641 N.Y.S.2d 453

In the Matter of Leonard Spodek, Petitioner, v. New York State Commissioner of Taxation and Finance et al., Respondents

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

April 25, 1996

Petitioner commenced a similar proceeding which was ultimately dismissed by the Court of Appeals on the ground that he failed to effect proper service upon respondents (see, Matter of Spodek v New York State Commr. of Taxation & Fin., 85 N.Y.2d 760).

Initially, respondents contend that petitioner failed to commence the instant proceeding within the 15-day limit specified under CPLR 306-b (b). We disagree because...

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