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MATTER OF FISHER v. COMMISSIONER OF TAXATION AND FINANCE

289 A.D.2d 723 (2001)

734 N.Y.S.2d 656

In the Matter of STEPHEN FISHER et al., Petitioners, v. COMMISSIONER OF TAXATION AND FINANCE et al., Respondents.

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

Decided December 13, 2001.

Spain, J.

This CPLR article 78 proceeding follows years of administrative litigation between petitioners and the Department of Taxation and Finance (hereinafter Department) over petitioners' income tax liabilities. By amended petition filed November 15, 1996, petitioners argue that the Department owes them refunds for several tax years between 1979 and 1988 which have not been appropriately applied to reduce assessed tax...

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