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MATTER OF COUNTY OF SENECA v. ERISTOFF

49 A.D.3d 950 (2008)

852 N.Y.S.2d 493

In the Matter of COUNTY OF SENECA, Appellant, v. ANDREW S. ERISTOFF, as Commissioner of Taxation and Finance, et al., Respondents.

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

Decided March 6, 2008.

Rose, J.

When the Department of Taxation and Finance would not alter its long-standing policy of refusing to collect sales and other taxes on cigarettes and motor fuel sold to non-Indians at businesses owned or operated by Indian tribes, petitioner commenced this CPLR article 78 proceeding to compel respondent Commissioner of Taxation and Finance to collect and remit the local share of such taxes pursuant to Tax Law articles 20 and 29. Certain respondents moved for...

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