Webster v. Tully

Appellate Division of the Supreme Court of New York

Webster v. Tully

81 A.D.2d 683, 437 N.Y.S.2d 461, 1981 N.Y. App. Div. LEXIS 11233

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 2, 1981

StatusPublished

This text of 81 A.D.2d 683 (Webster v. Tully) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Webster v. Tully, 81 A.D.2d 683, 437 N.Y.S.2d 461, 1981 N.Y. App. Div. LEXIS 11233 (N.Y. Ct. App. 1981).

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Opinion

— Motions by petitioners granted, without costs, to the extent of striking “Exhibit E” and the information contained therein from the record on review together with all references thereto contained in respondents’ brief. Subdivision (e) of section 697 of the Tax Law evinces a strict policy of confidentiality and nondisclosure of tax returns (Matter of New York State Dept. of Taxation & Fin. v New York State Dept. of Law, Statewide Organized Crime Task Force, 58 AD2d 298, 301, affd 44 NY2d 575). Although a court may admit into evidence so much of a return as is pertinent to a proceeding under the provisions of the Tax Law (Tax Law, § 697, subd [e]), respondents have failed to demonstrate that “Exhibit E”, the partnership returns of a nonparty, is pertinent to a determination of the instant proceeding. Mahoney, P.J., Kane, Mikoll and Casey, JJ., concur.

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— Motions by petitioners granted, without costs, to the extent of striking “Exhibit E” and the information contained therein from the record on review together with all references thereto contained in respondents’ brief. Subdivision (e) of section 697 of the Tax Law evinces a strict policy of confidentiality and nondisclosure of tax returns (Matter of New York State Dept. of Taxation & Fin. v New York State Dept. of Law, Statewide Organized Crime Task Force, 58 AD2d 298, 301, affd 44 NY2d 575). Although a court may admit into evidence so much of a return as is pertinent to a proceeding under the provisions of the Tax Law (Tax Law, § 697, subd [e]), respondents have failed to demonstrate that “Exhibit E”, the partnership returns of a nonparty, is pertinent to a determination of the instant proceeding. Mahoney, P.J., Kane, Mikoll and Casey, JJ., concur.

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Bluebook (online)

81 A.D.2d 683, 437 N.Y.S.2d 461, 1981 N.Y. App. Div. LEXIS 11233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webster-v-tully-nyappdiv-1981.

Opinion

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