Schiraldi v. Chu

—Mikoll, J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission which sustained a personal income and unincorporated business tax assessment imposed under Tax Law articles 22 and 23 for the years 1975 and 1976.

*794Petitioners, Michael Schiraldi, III, and Carol Schiraldi, purchased an off-premises, retail liquor store from Mr. Schiraldi’s father pursuant to a purchase agreement dated July 9, 1970 and an appended, undated rider which contained the seller’s…