MATTER OF DECATO BROTHERS, INC. v. STATE TAX COMM

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the opinion by Presiding Justice A. FRANKLIN MAHONEY at the Appellate Division ( 90 A.D.2d 386).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.