Plaintiffs' motion for renewal was premised upon a Department of Taxation and Finance conciliation order, which plaintiffs contend is dispositive of whether defendant, as opposed to the Department of Taxation and Finance, owes plaintiff partnership some $529,873. However, because the conciliation order had been timely appealed by the partnership, it was non-binding (Tax Law § 170 [3-a] [e]) and, accordingly, not dispositive of whether defendant is in fact liable for...
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