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Matter of R.A.F. v. Division of Tax Appeals

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1994
206 A.D.2d 572 (N.Y. App. Div. 1994)

Opinion

July 7, 1994


In our view, the petition must be dismissed due to petitioner's failure to exhaust its administrative remedies. There is no dispute that this matter is still pending before the Administrative Law Judge and a final decision of the Tax Appeals Tribunal has yet to be rendered. Because Tax Law § 2016 only permits judicial review of final determinations of the Tax Appeals Tribunal, petitioner's challenges are not properly before this Court. Petitioner's argument that it has presented valid exceptions to the requirement of exhaustion have been examined and found to be unpersuasive.

Mikoll, J.P., Mercure, White, Casey and Yesawich Jr., JJ., concur. Adjudged that the petition is dismissed, without costs.


Summaries of

Matter of R.A.F. v. Division of Tax Appeals

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1994
206 A.D.2d 572 (N.Y. App. Div. 1994)
Case details for

Matter of R.A.F. v. Division of Tax Appeals

Case Details

Full title:In the Matter of R.A.F. GENERAL PARTNERSHIP, Petitioner, v. DIVISION OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 7, 1994

Citations

206 A.D.2d 572 (N.Y. App. Div. 1994)
614 N.Y.S.2d 79

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