Jacono v. Department of Taxation & Finance

In an action, inter alia, for a judgment declaring that the defendant is without power to levy upon the plaintiffs property or income and that the defendant’s assessments, warrants, and levies are invalid and unenforceable, the plaintiff appeals, as *664limited by his brief, from so much of an order of the Supreme Court, Queens County (Elliot, J.), entered June 8, 2009, as granted that branch of the defendant’s motion which was to dismiss the complaint for failure to exhaust exclusive administrative and statutory remedies.

Ordered that the order is affirmed insofar as appealed from, with costs.

Begi…