Heller v. State

OPINION OF THE COURT

Mercure, J. P.

In this action we are asked to determine whether the transfer gains tax imposed by Tax Law article 31-B is a "transfer tax” within the meaning of EDPL 702 (A) (1).* The facts are simple and undisputed. In 1982, claimant purchased real property known as Barcelona Point in the Town of East Hampton, Suffolk County. In August 1989, the State, through its Department of Environmental Conservation, acquired the property from claimant under its power of eminent domain. Because the condemned parcel was nonresidential and the consideration paid by the State was in…