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MATTER OF CLEARY

2009-3440/A

44 Misc.3d 211 (2014)

984 N.Y.S.2d 850

2014 NY Slip Op 24103

In the Matter of the Estate of SYLVESTER CLEARY, Deceased. RICHARD CLEARY, as Executor of SYLVESTER CLEARY, Deceased, Petitioner; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, Respondent.

Surrogate's Court, Queens County.

Decided April 16, 2014.

Attorney(s) appearing for the Case

Joseph Schmidt, Jr. for petitioner.

Josh Russell for respondent.

OPINION OF THE COURT

PETER J. KELLY, S.

Petitioner, the executor of the estate of Sylvester Cleary, protests and seeks the vacatur of a notice of deficiency issued to him by the respondent, New York State Department of Taxation and Finance. The vehicle chosen to obtain such relief is a special proceeding pursuant to Tax Law § 998 that was commenced in the Surrogate's Court. The dispute between the parties...

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