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

530088.

196 A.D.3d 927 (2021)

150 N.Y.S.3d 414

2021 NY Slip Op 04394

In the Matter of Eric R. White, Doing Business as ERW Wholesale, Petitioner, v. State of New York Tax Appeals Tribunal et al., Respondents.

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

Decided July 15, 2021.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP, Buffalo ( Paul J. Cambria Jr. of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Robert M. Goldfarb of counsel), for Commissioner of Taxation and Finance, respondent.

Egan Jr., J.P., Aarons, Pritzker and Colangelo, JJ., concur.

Petitioner is a member of the Seneca Nation of Indians, a Native American tribe recognized by the US Bureau of Indian Affairs. ERW Wholesale is petitioner's tobacco wholesale business, licensed by the Seneca Nation of Indians operating on the Cattaraugus Reservation. In December 2012, ERW sold 150 cases (9,000 cartons) of...

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