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MTR OF ERW ENTERS v. SCHMIDT

905177-20.

71 Misc.3d 242 (2021)

141 N.Y.S.3d 674

2021 NY Slip Op 21015

In the Matter of ERW ENTERPRISES, INC., Petitioner, v. MICHAEL R. SCHMIDT, in His Official Capacity as Commissioner of the New York State Department of Taxation and Finance, Respondent.

Supreme Court, Albany County.

Decided January 12, 2021.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP, Buffalo ( Paul J. Cambria , Jeffrey F. Reina and Patrick J. Mackey of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Ryan L. Abel of counsel), for respondent.

OPINION OF THE COURT

In this CPLR article 78 proceeding the petitioner ERW Enterprises, Inc. (ERW Enterprises) moves for an order to compel the respondent Commissioner of the New York State Department of Taxation and Finance, Michael R. Schmidt, in his official capacity, to remove from its website a $1,259,250 civil...

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