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MORAN TOWING v. URBACH

182 Misc.2d 756 (1999)

699 N.Y.S.2d 252

In the Matter of MORAN TOWING CORPORATION, as Successor in Interest to MORAN TOWING & TRANSPORTATION CO., INC., Petitioner, and EKLOF MARINE CORPORATION et al., Intervenors, v. MICHAEL H. URBACH, as Commissioner of the New York State Department of Taxation and Finance, Respondent.

Supreme Court, Albany County.

October 7, 1999.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C., Albany (Robert D. Plattner of counsel), for petitioner.

Eliot Spitzer, Attorney General, Albany (Jeffrey P. Mans of counsel), for respondent.

Losquadro & Zerbo, P. C., New York City (Donna Marie Zerbo of counsel), and John Tobin, Albany, for intervenors.

OPINION OF THE COURT

JAMES B. CANFIELD, J.

Petitioner and the intervenors (hereinafter petitioners) commenced proceedings challenging the respondent's letters notifying them of the existence of chapter 389 of the Laws of 1997 and their opportunities for appealing the tax administratively. Petitioners claim they are entitled to refunds going back to the inception of Tax Law article 13-A in 1984 and seek a declaration that Tax Law article 13-A is and always...

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