Henry Schein, Inc. v. Eristoff
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered October 6, 2005 in Albany County, which, in a proceeding pursuant to CPLR article 78, inter alia, denied petitioner’s request for counsel fees.
This proceeding arises from a sales and use tax audit of petitioner, a corporate distributor of health care products, conducted by the Department of Taxation and Finance covering the period of March 1993 through November 1999. During the course of the audit, a dispute arose concerning the validity of petitioner’s consent to extend the statute of limitations with respect to the…
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