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2016-2 N.Y. Tax Cas. J-1 (2016)

handle is hein.nytax/nytcas0077 and id is 1 raw text is: 


                                 2016 New  York Tax Cases
                                            J-1



STATE  OF  NEW  YORK

DIVISION  OF  TAX  APPEALS


           In the Matter of the Petition

                       of

            FRANK DEMARTINO                          :      DETERMINATION
                                                            DTA  NO. 826652

for Review of a Notice of Proposed Driver
License Suspension Referral under Article 8, § 171-v
of the Tax Law.


     Petitioner, Frank DeMartino, filed a petition for review of a Notice of Proposed Driver

License Suspension Referral under Article 8, § 171-v of the Tax Law.

     The Division of Taxation, by its representative, Amanda Hiller, Esq. (Linda Harmonick,

Esq., of counsel), brought a motion filed August 18, 2015, seeking an order dismissing the

petition or, in the alternative, granting summary determination in the above-referenced matter

pursuant to sections 3000.5, 3000.9(a)(1)(i), (vii) and (b) of the Rules of Practice and Procedure

of the Tax Appeals Tribunal. Accompanying the motion was the affirmation of Linda

Harmonick, Esq., dated August 14, 2015 and annexed exhibits, and the affidavit of Ronald

Catalano, dated August 18, 2015, and an annexed exhibit. Petitioner, appearing pro se, was

granted an extension to October 19, 2015 within which to respond to the motion. Petitioner

submitted papers on October 20, 2015, however, these documents were not responsive to the

issue herein and, as late filed, have not been considered. Based upon the motion papers, the

affidavits and documents submitted, and all pleadings and documents submitted in connection

with this matter, Donna M. Gardiner, Administrative Law Judge, renders the following

determination.

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