2006 New York Code - Review Of Tax Appeals Tribunal\'s Decision.

 
    §  11-681  Review  of  tax  appeals tribunal's decision. 1. General. A
  decision of the tax appeals tribunal sitting en banc shall be subject to
  judicial review at the instance of any taxpayer affected thereby in  the
  manner  provided  by law for the review of a final decision or action of
  administrative agencies of the city. An application by  a  taxpayer  for
  such review must be made within four months after notice of the decision
  is sent by certified mail, return receipt requested, to the taxpayer and
  the commissioner of finance.
    2.  Judicial  review exclusive remedy. The review of a decision of the
  tax appeals tribunal provided by this section  shall  be  the  exclusive
  remedy  available  to any taxpayer for the judicial determination of the
  liability  of  the  taxpayer  for  the  taxes  imposed  by   the   named
  subchapters.
    3.  Assessment  pending  review;  review  bond.  Irrespective  of  any
  restrictions on the  assessment  and  collection  of  deficiencies,  the
  commissioner  of  finance  may assess a deficiency determined by the tax
  appeals tribunal in a decision rendered pursuant to section one  hundred
  seventy-one  of the charter after the expiration of the period specified
  in subdivision one, notwithstanding that  an  application  for  judicial
  review  in respect of such deficiency has been duly made by the taxpayer
  unless the taxpayer, at or before the time  the  taxpayer's  application
  for  review  is  made,  has  paid the deficiency, has deposited with the
  commissioner of finance the amount of the deficiency, or has filed  with
  the  commissioner  of finance a bond (which may be a jeopardy bond under
  subdivision eight of section 11-685 of this subchapter) in the amount of
  the portion of the deficiency (including interest and other amounts)  in
  respect  of  which  the application for review is made and all costs and
  charges which may accrue against the taxpayer in the prosecution of  the
  proceeding,  including costs of all appeals, and with surety approved by
  a justice of the supreme  court  of  the  state,  conditioned  upon  the
  payment  of  the  deficiency  (including  interest and other amounts) as
  finally determined and such costs and charges. If,  as  a  result  of  a
  waiver  of  the  restrictions  on  the  assessment  and  collection of a
  deficiency, any part  of  the  amount  determined  by  the  tax  appeals
  tribunal  is  paid after the filing of the review bond, such bond shall,
  at the request of the taxpayer, be proportionately reduced.
    4. Credit, refund or abatement  after  review.  If  the  amount  of  a
  deficiency determined by the tax appeals tribunal is disallowed in whole
  or  in  part  by  the court of review, the amount so disallowed shall be
  credited or refunded to  the  taxpayer,  without  the  making  of  claim
  therefor, or, if payment has not been made, shall be abated.
    5.  Date  of  finality of tax appeals tribunal decision. A decision of
  the tax appeals tribunal shall become final upon the expiration  of  the
  period  specified  in  subdivision  one  for  making  an application for
  review, if no such application has been duly made within such  time,  or
  if  such application has been duly made, upon expiration of the time for
  all further judicial review, or upon the rendering by  the  tax  appeals
  tribunal  of  a  decision in accordance with the mandate of the court on
  review. Notwithstanding the foregoing, for  the  purpose  of  making  an
  application  for  review, the decision of the tax appeals tribunal shall
  be deemed final on the date the notice of decision is sent by  certified
  mail to the taxpayer and the commissioner of finance.