Legal Opinion

Cooper v. Tully

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 1980PublishedCited by 9 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court at Special Term, entered March 6, 1980 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to vacate a default order issued by the New York State Tax Commission for the failure of the petitioner to pay the taxes due and file an undertaking for the costs of the proceeding, as required by section 1138 (subd [a], par [4]) of the Tax Law. On January 24, 1978, subsequent to an audit of the petitioner’s retail grocery store business in New York City for the period between April 9, 1976 and January 10,…

2Cases cited3 opinions

  1. Peasley v. ReidAppellate Division of the Supreme Court of the State of New York · 1977
  2. Fairbank Farms, Inc. v. KaszaAppellate Division of the Supreme Court of the State of New York · 1979
  3. MATTER OF FAIRBANK FARMS, INC. v. KaszaNew York Court of Appeals · 1980

3Cited by9 opinions

  1. Top Tile Building Supply Corp. v. New York State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1983
  2. Massa v. New York State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1984
  3. Rhodes v. SalernoAppellate Division of the Supreme Court of the State of New York · 1982
  4. Horner v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  5. J. C. Penney Co. v. New York State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1982

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