This court victory permits retailers to file their 2010 registration renewal forms with the Tax Department with payment of the old fee of $100 per store; however, this is only a temporary ruling, and if the court [image-nocss] ultimately rules differently, they would then have to pay the higher fee.
Co-plaintiffs in the court action against Governor David Paterson were NYACS, the New York State Association of Service Stations & Repair Shops, Long Island Gasoline Retailers Association, Service Station Dealers of Greater New York and the United 7-Eleven Franchise Owners of Long Island & New York, with backing from Harold Levinson Associates and 7-Eleven Inc. Their attorneys are the Long Island firm of Forchelli, Curto, Deegan, Schwartz, Mineo, Cohn & Terrana.
"The restraining order is in effect pending a court decision on our motion for a preliminary injunction. We do not know how long it will take for the court to decide this, but our attorneys expect it will be sometime after December," said Calvin in a statement provided to CSP Daily News. "Therefore, the battle is not over, but for the moment, retailers can breathe a temporary sigh of relief. Wednesday's ruling also buys time for retailers to lobby the state legislature to pass a NYACS-backed bill that would roll back the fee hike to a more reasonable level."
Attorneys for the trade associations advise that retailers should now proceed with filing the State Department of Taxation & Finance Form DTF-719-MN, known as Renewal Application for the Registration of Retail Dealers & Vending Machines for Sales of Cigarettes & Tobacco Products, with payment of the $100-per-store flat fee by next Monday's September 21 deadline, said Calvin.
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