DeLoronde v. New York State Tax Commission
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
This petition was brought pursuant to CPLR article 78 to challenge the seizure by the State Police on a highway in Essex County of a truck and its contents consisting of a large quantity of cigarettes. No cigarette tax stamps, evidencing the payment of the State cigarette tax (see, Tax Law § 473), were affixed to the merchandise. The petition alleges that petitioners Paul DeLoronde and Reginald Hill are enrolled status Iroquois Indians and that they entered into a business arrangement under which DeLoronde gave Hill some $44,000 to purchase cigarettes in North…
2Cases cited6 opinions
- Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980
- California State Board of Equalization v. Chemehuevi Indian TribeSupreme Court of the United States · 1986
- Am Knitwear v. Exp.-Imp.New York Court of Appeals · 1976
- Herzog Brothers Trucking, Inc. v. State Tax CommissionNew York Court of Appeals · 1987
- Schreck v. WymanAppellate Division of the Supreme Court of the State of New York · 1972
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3Cited by3 opinions
- New York State Department of Taxation v. BramhallAppellate Division of the Supreme Court of the State of New York · 1997
- Milhelm Attea & Bros. v. Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1990
- Orvis Co. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1994