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TUG BUSTER CORP. v. WETZLER

217 A.D.2d 192 (1996)

635 N.Y.S.2d 803

In the Matter of Tug Buster Bouchard Corporation et al., Respondents, v. James W. Wetzler, as Commissioner of The New York State Department of Taxation and Finance, Appellant

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 (John McConnell and Nancy A. Spiegel of counsel), for appellant.

Schulz & Associates, Melville (Craig B. Greenfield, Thomas P. Schulz and Gregory H. Chertoff of counsel), for respondents.

MIKOLL, J. P., MERCURE, YESAWICH JR. and SPAIN, JJ., concur.

CREW III, J.

Petitioners are corporations duly organized and existing under the laws of this State that provide barge and/or towing services within New York Harbor and other ports located along the eastern seaboard of the United States. The vessels operated by petitioners are powered by petroleum fuel purchased from various out-of-State suppliers. In September 1991, the Department of Taxation and Finance conducted...

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