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CAPRIO v. NEW YORK STATE DEPT. OF TAXATION & FIN.

651176/2011E.

37 Misc.3d 964 (2012)

955 N.Y.S.2d 734

2012 NY Slip Op 22273

PHILIP CAPRIO et al., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE et al., Defendants.

Supreme Court, New York County.

September 22, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( John M. Schwartz of counsel), for defendants. Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York City ( John G. Nicolich and Roger Cukras of counsel), for plaintiffs.

OPINION OF THE COURT

PAUL G. FEINMAN, J.

Plaintiffs, Philip Caprio and Phyllis Caprio, commenced this action seeking a judgment declaring certain provisions of the New York Tax Law invalid as applied to them; they also seek injunctive relief enjoining the enforcement of those provisions against them. Defendants, the New York State Department of Taxation and Finance; Thomas H. Mattox, in his official capacity as Commissioner of the New York State Department...

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