In the Matter of Jay's Distributors Inc. Petitioner v Jerry Boone as Commissioner of Taxation and Finance et

Motion No: 521531

Slip Opinion No: 2016 NY Slip Op 93132(U)

Decided on November 17, 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: November 17, 2016521531
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In the Matter of JAY'S DISTRIBUTORS, INC.,
                                 Petitioner,
v                                  DECISION AND ORDER
                       ON MOTION
JERRY BOONE, as Commissioner of Taxation and Finance, et al.,
                                 Respondents.
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Motion to supplement record on review.

Upon the papers filed in support of the motion and the papers filed in opposition and in response thereto, it is

ORDERED the motion is granted, without costs, only to the extent that, on or before December 2, 2016, petitioner shall file and serve a supplemental record on review to include page 2 of the audit report signed on March 16, 2007, and the motion is, in all other respects, denied.
Peters, P.J., Garry, Lynch and Rose, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court