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MATTER OF M&Y DEVS. INC. v. TAX APPEALS TRIB. OF THE STATE OF N.Y.

533346.

207 A.D.3d 928 (2022)

172 N.Y.S.3d 772

2022 NY Slip Op 04600

In the Matter of M&Y Developers Inc., 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 July 14, 2022.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Buffalo (Timothy P. Noonan of counsel), for petitioner.

Letitia James, Attorney General, Albany (Owen Demuth of counsel), for Commissioner of Taxation and Finance, respondent.

Garry, P.J., Lynch, Reynolds Fitzgerald and McShan, JJ., concur.

Petitioner is a New York corporation that performs general contracting and concrete placement work for construction projects, including the building of concrete foundations and the installation of concrete sidewalks, driveways and walkways. In December 2016 and February 2017, petitioner filed applications for a refund of sales and use...

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