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This entry was published on 2014-09-22
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Enforcement; procedure
§ 266. Enforcement; procedure. In case the tax imposed by this article
is not paid as in this article provided, the tax commission may notify
the attorney-general of such failure or refusal to pay and it shall then
be the duty of the attorney-general to enforce the payment of such tax,
and for that purpose he may maintain an action in the name of the people
of the state of New York, in any court of competent jurisdiction, either
to sell such mortgage; or, he may maintain an action against the
mortgagee or his assignee or successor in interest personally; or,
whereby stipulations contained in such mortgage it is made the duty of
the mortgagor to pay such tax, or where the mortgagor is liable for the
tax imposed under this article, then against the mortgagor or his
successor in interest personally; or, in the case of a trust mortgage
against the trust mortgagee, personally; or, he may pursue either, any
or all such remedies. All actions instituted by the attorney-general, as
herein provided, shall, if the amount involved is fifty dollars or more,
be brought in the county of Albany. Where, in any action, a recovery is
had there shall be added to the amount of such tax and included in the
judgment, interest at the rate of one per centum per month on the amount
of such tax, to be computed from the date on which such tax became due
and payable, except that in the case of taxable mortgages heretofore
recorded and upon which the tax imposed by this article has not been
paid, and where, in such case, no penalty is prescribed by law for the
nonpayment of such tax, interest shall be added at the rate of six per
centum per annum. In any action brought as herein provided, where the
judgment provides for the sale of the mortgage, such judgment shall also
prescribe the time, place and manner of such sale and of the notice
thereof to be given, and, in the discretion of the court, may direct
that such sale be made by or under the direction of the comptroller or
the recording officer of the county in which such mortgage was first
recorded, and all money recovered in such action shall be paid by the
attorney-general to the proper recording officer in satisfaction of such
tax, and all costs recovered therein shall be paid into the state

Cross-reference: For criminal penalties, see article thirty-seven of
this chapter.