Allstate Insurance v. Tax Commission of the State

New York Court of Appeals
Allstate Insurance v. Tax Commission of the State, 67 N.Y.2d 999 (N.Y. 1986)
494 N.E.2d 109; 502 N.Y.S.2d 1004; 1986 N.Y. LEXIS 18608

Allstate Insurance v. Tax Commission of the State

Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. We agree with the Appellate Division that a declaratory judgment action is an inappropriate vehicle to resolve this controversy because a pure matter of law is not involved and the administrative process has already been commenced (see, Hewlett Assoc. v City of New York, 57 NY2d 356, 363; Harcel Liqs. v Evsam Parking, 48 NY2d 503, 506; Slater v Gallman, 38 NY2d 1).

*1002Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

Reference

Full Case Name
Allstate Insurance Company v. Tax Commission of the State of New York
Cited By
16 cases
Status
Published