In the Matter of Capital One Construction et Petitioners v State of New York Department of Taxation and Finance et Al

Motion No: 523242

Slip Opinion No: 2016 NY Slip Op 82934(U)

Decided on August 12, 2016

Appellate Division, Third Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Decided and Entered: August 12, 2016 523242

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In the Matter of CAPITAL ONE CONSTRUCTION et al.,                      
                                                       Petitioners,
           v                      DECISION AND ORDER
                      ON MOTION
STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE (DIVISION OF TAXATION) et al.,
                                                       Respondents.
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Motion to dismiss proceeding.

Cross motion for extension of time to re-serve notice of petition and petition.

Upon the papers filed in support of the motion and the papers filed in support of the cross motion, it is

ORDERED that the motion to dismiss as against Capital One Construction is granted, without costs. It is further

ORDERED that the motion to dismiss as against Shuai Yin is denied, without costs, and it is further

ORDERED that the motion for an extension of time for Shuai Yin to re-serve the notice of petition and petition is granted, without costs, and the time to re-serve is extended September 12, 2016.
Lahtinen, J.P., Garry, Devine and Mulvey, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court