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This entry was published on 2014-09-22
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SECTION 1449-LLLLL
Judicial review
Tax (TAX) CHAPTER 60, ARTICLE 31-G
§ 1449-lllll. Judicial review. 1. Any final determination of the
amount of any tax payable under section fourteen hundred
forty-nine-ccccc of this article shall be reviewable for error,
illegality or unconstitutionality or any other reason whatsoever by a
proceeding under article seventy-eight of the civil practice law and
rules if application therefor is made to the supreme court within four
months after the giving of the notice of such final determination,
provided, however, that any such proceeding under article seventy-eight
of the civil practice law and rules shall not be instituted unless (a)
the amount of any tax sought to be reviewed, with such interest and
penalties thereon as may be provided for by local law shall be first
deposited and there is filed an undertaking, issued by a surety company
authorized to transact business in this state and approved by the
superintendent of financial services of this state as to solvency and
responsibility, in such amount as a justice of the supreme court shall
approve to the effect that if such proceeding be dismissed or the tax
confirmed the petitioner will pay all costs and charges which may accrue
in the prosecution of such proceeding or (b) at the option of the
petitioner, such undertaking may be in a sum sufficient to cover the
taxes, interest and penalties stated in such determination, plus the
costs and charges which may accrue against it in the prosecution of the
proceeding, in which event the petitioner shall not be required to pay
such taxes, interest or penalties as a condition precedent to the
application.

2. Where any tax imposed hereunder shall have been erroneously,
illegally or unconstitutionally assessed or collected and application
for the refund or revision thereof duly made to the proper fiscal
officer or officers, and such officer or officers shall have made a
determination denying such refund or revision, such determination shall
be reviewable by a proceeding under article seventy-eight of the civil
practice law and rules; provided, however, that (a) such proceeding is
instituted within four months after the giving of the notice of such
denial, (b) a final determination of tax due was not previously made,
and (c) an undertaking is filed with the proper fiscal officer or
officers in such amount and with such sureties as a justice of the
supreme court shall approve to the effect that if such proceeding be
dismissed or the tax confirmed, the petitioner will pay all costs and
charges which may accrue in the prosecution of such proceeding.