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MATTER OF BETWEEN THE BREAD II, LTD. v. URBACH

234 A.D.2d 724 (1996)

651 N.Y.S.2d 629

In the Matter of Between the Bread II, Ltd., Petitioner, v. Michael Urbach, as Commissioner of Taxation and Finance of the State of New York, et al., Respondents

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

December 12, 1996

White, J.

The petition in this proceeding must be dismissed based on petitioner's failure to exhaust its administrative remedies. There has been no final determination by the Tax Appeals Tribunal which is a prerequisite for judicial review under Tax Law § 2016 (see, Matter of R.A.F. Gen. Partnership v Division of Tax Appeals, 206 A.D.2d 572), and we are not persuaded that petitioner's case falls within...

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