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MATTER OF VINTER v. COMMISSIONER OF TAXATION AND FINANCE

305 A.D.2d 738 (2003)

757 N.Y.S.2d 911

In the Matter of MENACHEM VINTER, Petitioner, v. COMMISSIONER OF TAXATION AND FINANCE et al., Respondents.

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

Decided May 8, 2003.

Cardona, P.J.

Petitioner's corporation owns and operates a gasoline station which sells cigarettes. An inspection by the Division of Tax Appeals resulted in the discovery and seizure of 168.9 cartons of cigarettes that had counterfeit tax stamps attached. As a result, petitioner was arrested, charged with several felonies and ultimately pleaded guilty to a class B misdemeanor. The Department of Taxation and Finance assessed a $15,800

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