2006 New York Code - Action For Sequestration.



 
    §  992. Action for sequestration. 1. Notwithstanding any provisions of
  a county tax act to the contrary, it shall be the duty of  the  attorney
  general,  upon  being  informed  by  the  county treasurer of any county
  having a population of one hundred thousand or less that any corporation
  refuses or neglects to pay the taxes imposed upon it  pursuant  to  this
  chapter,  to  bring an action in the supreme court for the sequestration
  of the property of such corporation.
    2. Whenever any corporation refuses  or  neglects  to  pay  the  taxes
  imposed  upon  it  pursuant  to  this chapter, the chief fiscal or legal
  officer of a municipal corporation having a population in excess of  one
  hundred thousand empowered to enforce the collection of delinquent taxes
  to  whom said taxes are due and owing may bring an action in the supreme
  court for the sequestration of the property of such corporation.
    3. The court may sequestrate the property of such corporation for  the
  purpose of satisfying taxes in arrears, and may in its discretion enjoin
  such  corporation  from further proceedings under its charter until such
  tax and the costs incurred in the action have been paid.   The  attorney
  general  or  the  chief  fiscal  or  legal  officer of a county having a
  population in excess of one hundred thousand to whom such tax is  owing,
  whichever  official  has  initiated  the  action  for  sequestration may
  recover such tax with costs from such delinquent corporation  by  action
  in any court of record.
    4. The attorney general may, at his or her own discretion, also assume
  the authority of this section upon the joint request of the chief fiscal
  officer  and  legal  officer  of  the  municipal  corporation  having  a
  population in excess of one hundred thousand empowered  to  enforce  the
  collection  of  delinquent taxes in which such real property is located.
  Such request must attest that the unpaid taxes were  levied  no  earlier
  than  four  years  prior  to  such  request, and that (i) such action by
  either the chief fiscal officer or chief legal officer would  constitute
  a conflict of interest, or (ii) the real property subject to such action
  is  part  of a system which provides water or sanitary sewerage services
  to property owners and the rates for such services are regulated by  the
  public  service  commission.  In  the  event  that  the attorney general
  assumes the authority  of  this  section  following  such  request,  all
  expenses incurred by the attorney general, including the salary or other
  compensation  of  all  deputies  employed, shall be a charge against the
  municipal corporation having a  population  in  excess  of  one  hundred
  thousand  making such request, provided, however, that in no event shall
  such charges payable to the attorney general exceed the amount of unpaid
  taxes actually recovered pursuant to this section.

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