Kimberley's A Day Spa, Ltd. v. Hevesi

OPINION OF THE COURT

Thomas J. McNamara, J.

*955In August 2005 petitioner Kimberley’s sought a determination from the New York State Comptroller regarding the application of Abandoned Property Law § 1315 to gift certificates sold by petitioner. Two questions were submitted to respondent:(1) “Is the unclaimed amount of an expired gift certificate deemed abandoned property after five years under section 1315 of the Abandoned Property Law, despite the earlier expiration of the certificate?” and(2) “Is Kimberley’s required to report as abandoned property and pay over the unclaimed amount of the expired…