Golub Corp. v. New York State Tax Appeals Tribunal

Lahtinen, J.P.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Tax Law § 2016) to review a determination of respondent Tax Appeals Tribunal which sustained the reduction of certain tax credits against a corporate franchise tax imposed under Tax Law article 9-A.

Rotterdam Ventures owns the Rotterdam Industrial Park and leases the entire park to its affiliate, FM Ventures, Inc. Petitioner, a qualified empire zone enterprise (hereinafter QEZE) (see Tax Law § 15 [a]) that operates a supermarket chain, entered into a sublease with FM Ventures regarding 8.22 acres in the…