MATTER OF SHEKHEM EL BEY v. NEW YORK CITY DEPARTMENT OF CORRECTION


294 A.D.2d 164 (2002)

742 N.Y.S.2d 30

In the Matter of YASHUA AMEN SHEKHEM EL BEY, Petitioner, v. NEW YORK CITY DEPARTMENT OF CORRECTION et al., Respondents.

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

Decided May 9, 2002.


There is no merit to petitioner's argument that the charge of falsely claiming exemption from federal income taxation was barred by the 18-month statute of limitations in Civil Service Law § 75 (4). Such misconduct constituted a crime under 26 USC § 7205 (fraudulent withholding exemption certificate or failure to supply information) and Penal Law § 175.30 (offering a false instrument for filing in the second degree), and, as such, is expressly excluded from...

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