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NASCA v. MANION

2021-03691. Index No. 612366/20.

219 A.D.3d 1436 (2023)

197 N.Y.S.3d 250

2023 NY Slip Op 04672

Dean Nasca, Appellant, v. Nonie Manion, in Her Official Capacity as Acting Commissioner of the New York State Department of Taxation and Finance, et al., Respondents.

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

Decided September 20, 2023.

Attorney(s) appearing for the Case

Dean Nasca, Bayport, NY, appellant pro se.

Letitia James, Attorney General, New York, NY (Ester Murdukhayeva and David Lawrence III of counsel), for respondents.

Dillon, J.P., Chambers, Maltese and Warhit, JJ., concur.

In an action, inter alia, for declaratory relief, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Joseph Farneti, J.), dated April 6, 2021. The order granted the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff filed his 2016 state income tax return, expecting a refund of $3,063. Thereafter, the New York State Department of Taxation and Finance (hereinafter...

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