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WHITMER v. NYS. TAXATION & FIN.

7647/2008

24 Misc.3d 1017 (2009)

879 N.Y.S.2d 915

JUDITH R. WHITMER, Plaintiff, v. NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE, Defendant.

Supreme Court of the State of New York, Erie County.

Decided June 1, 2009.

Attorney(s) appearing for the Case

George Michael Zimmerman for defendant. Ralph C. Lorigo for plaintiff.

OPINION OF THE COURT

FREDERICK J. MARSHALL, J.

On November 5, 2007, the New York State Department of Taxation and Finance, the defendant herein, issued a jeopardy assessment of sales tax against the plaintiff, Judith R. Whitmer, pursuant to Tax Law § 1138 (b). (See exhibits A, B, C, attached to surreply affidavit of Ralph C. Lorigo, Esq., sworn to Apr. 7, 2009.) It is uncontested that the jeopardy assessment resulted from sales and use taxes...

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