In re WBVM Associates

OPINION OF THE COURT

Edward S. Conway, J.

This is a CPLR article 78 proceeding in which petitioners seek a judgment annulling and reversing a decision of the New York State Tax Commission made on February 4, 1983, on the grounds that said decision is not supported by substantial evidence and is erroneous as a matter of law.

Radio Station WBVM, Utica, New York, was purchased in 1962 by Michael C. Fusco and Daniel A. Fusco. The station was sold in 1974 to petitioner WBVM Associates (hereinafter referred to as WBVM), a partnership organized under the laws of New York. In 1978, WBVM sold the station…