News Item
Ignorance of the law defense prevails in Yonkers: Tax Watch (Journal News)
Ben Gershman, a professor at the Elisabeth Haub School of Law at Pace University, called last week’s decision by DiNapoli “preposterous.”
“I’m incredulous that the state comptroller, who was elected to protect the state treasury, would allow the fraudulent conduct and accept the claim,” Gershman said. “Anybody remotely aware of the law knows you can’t justify a violation by saying you didn’t know about the law. If that was the case, then everybody would make that claim, and everybody would be justified in violating the law.”
DiNapoli's decision not to refer the Yonkers matter to Schneiderman was announced late Friday afternoon, as New Yorkers prepared to get out of town for the long Martin Luther King Jr. holiday weekend.
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