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MATTER OF MATHIS v. WETZLER

217 A.D.2d 151 (1996)

635 N.Y.S.2d 809

In the Matter of Brenda Mathis, as Executor of Gloria A. Myers, Deceased, Respondent-Appellant, v. James W. Wetzler, as Commissioner of The New York State Department of Taxation and Finance, et al., Appellants-Respondents

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

January 4, 1996

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Julie S. Mereson of counsel), for appellants-respondents.

Douglas Jesse Hunt, P. C., Stone Ridge, for respondent-appellant.

MERCURE, WHITE, CASEY and SPAIN, JJ., concur.

CARDONA, P. J.

Petitioner commenced this proceeding to review a determination by the Department of Taxation and Finance (hereinafter Department) which denied her application for a refund of estate taxes upon the sole ground that the Statute of Limitations had run. The pertinent facts are as follows. Upon the death of Gloria A. Myers on March 7, 1988, petitioner was appointed executor of her estate. In August...

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