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42ND ST. CO. v. TAX TRIBUNAL

219 A.D.2d 98 (1996)

641 N.Y.S.2d 151

In the Matter of Forty Second Street Company, Petitioner, 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.

April 11, 1996

Attorney(s) appearing for the Case

Weisman, Celler, Spett & Modlin, New York City (Kenneth A. Hicks of counsel), for petitioner.

Dennis C. Vacco, Attorney-General, Albany (Andrew D. Bing and Nancy A. Spiegel of counsel), for respondents.

Jones, Day, Reavis & Pogue, New York City (Dan A. Kusnetz of counsel), for Real Estate Board of New York, Inc., amicus curiae.

MIKOLL, J. P., MERCURE, CREW III and WHITE, JJ., concur.

YESAWICH JR., J.

The New York State Urban Development Corporation (hereinafter UDC) condemned petitioner's real property, located in the City of New York. Title passed to UDC on April 18, 1990. Shortly thereafter, petitioner submitted a gains tax transferor questionnaire (see, Tax Law § 1447 [1] [b]) to the Division of Taxation of the Department of Taxation and Finance (hereinafter the Division),...

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