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MATTER OF WALKER v. STATE OF NEW YORK, DEPARTMENT OF TAXATION AND FINANCE

300 A.D.2d 958 (2002)

753 N.Y.S.2d 540

In the Matter of HEIDI J. WALKER, Doing Business as SUPERIOR FUELS, Respondent, v. STATE OF NEW YORK, DEPARTMENT OF TAXATION AND FINANCE, et al., Appellants.

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

Decided December 26, 2002.

Rose, J.

In the course of an investigation and audit by the Petroleum, Alcohol & Tobacco Bureau of the Office of Tax Enforcement of respondent Department of Taxation and Finance, the records of petitioner's fuel distribution business for 1998 to 2001 were seized and retained by respondents. Petitioner then presented Supreme Court with a proposed order to show cause and petition in a purported CPLR article 78 proceeding seeking to compel respondents to return her...

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