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KIMBERLEY'S SPA v. HEVESI

11 Misc.3d 954 (2006)

810 N.Y.S.2d 616

In the Matter of KIMBERLEY'S A DAY SPA, LTD., Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York, Respondent.

Supreme Court, Albany County.

January 5, 2006.

Attorney(s) appearing for the Case

Richard V. D'Alessandro Professional Corporation, Albany, for petitioner.

Eliot Spitzer, Attorney General, Albany (Douglas J. Goglia of counsel), for respondent.

OPINION OF THE COURT

THOMAS J. McNAMARA, J.

In August 2005 petitioner Kimberley's sought a determination from the New York State Comptroller regarding the application of Abandoned Property Law § 1315 to gift certificates sold by petitioner. Two questions were submitted to respondent:

(1) "Is the unclaimed amount of an expired gift certificate deemed abandoned property after five years under section...

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