New York Court of Appeals

Irwin Slater v. Norman F. Gallman

November 20, 197538 N.Y.2d 1

Summary

The New York Court of Appeals held that a taxpayer cannot challenge a State Tax Commission assessment by a declaratory judgment action without first exhausting the statutory administrative review process. The court affirmed the Appellate Division's order, emphasizing that the exclusive remedy under Tax Law §§374‑375 requires prior administrative exhaustion.