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MATTER OF LUONGO v. TAX APPEALS TRIB. OF STATE OF N.Y.

515599.

117 A.D.3d 1286 (2014)

987 N.Y.S.2d 114

2014 NY Slip Op 3714

In the Matter of JESSIE LUONGO, Petitioner, v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK et al., Respondents.

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

Decided May 22, 2014.

Stein, J.P.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Tax Law § 2016) to review a determination of respondent Tax Appeals Tribunal, which, among other things, sustained a sales and use tax assessment imposed under Tax Law articles 28 and 29.

Petitioner was the sole shareholder of Fifth Avenue Restaurant Acquisition Corporation, which operated Tuscan Square Restaurant and Marketplace. Tuscan Square was originally

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