2006 New York Code - Determination Of Tax.

 
    §  11-2107  Determination of tax. If a return required by this chapter
  is not filed, or if a return when filed is  incorrect  or  insufficient,
  the amount of tax due shall be determined by the commissioner of finance
  from  such  information  as  may  be  obtainable, including the assessed
  valuation of the real property  or  interest  therein.  Notice  of  such
  determination  shall  be  given  to  the person liable for the tax. Such
  determination shall finally and  irrevocably  fix  the  tax  unless  the
  person  against whom it is assessed, within ninety days after the giving
  of notice of such determination, or, if the commissioner of finance  has
  established  a  conciliation procedure pursuant to section 11-124 of the
  code and  the  taxpayer  has  requested  a  conciliation  conference  in
  accordance   therewith,  within  ninety  days  from  the  mailing  of  a
  conciliation decision or the date of the commissioner's confirmation  of
  the  discontinuance  of  the  conciliation proceeding, both (1) serves a
  petition upon the commissioner of finance and (2) files a petition  with
  the  tax  appeals tribunal for a hearing, or, unless the commissioner of
  finance of his or her  own  motion  shall  redetermine  the  same.  Such
  hearing  and any appeal to the tax appeals tribunal sitting en banc from
  the decision rendered in such hearing shall be conducted in  the  manner
  and  subject  to the requirements prescribed by the tax appeals tribunal
  pursuant  to  sections  one  hundred  sixty-eight  through  one  hundred
  seventy-two  of the charter. After such hearing the tax appeals tribunal
  shall give notice of its decision to the person against whom the tax  is
  assessed  and  to  the  commissioner  of  finance. A decision of the tax
  appeals  tribunal  sitting  en  banc  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 by the person
  against whom the tax was assessed within four months after the giving of
  the  notice  of  such  tax appeals tribunal decision. A proceeding under
  article seventy-eight of the civil practice law and rules shall  not  be
  instituted  by a taxpayer unless: (a) the amount of any tax sought to be
  reviewed, with penalties and interest thereon, if any,  shall  be  first
  deposited with the commissioner of finance and there shall be filed with
  the  commissioner  of finance an undertaking, issued by a surety company
  authorized to transact business  in  this  state  and  approved  by  the
  superintendent   of   insurance   of  this  state  as  to  solvency  and
  responsibility, 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 taxpayer will pay all  costs  and
  charges which may accrue in the prosecution of the proceeding; or (b) at
  the  option of the taxpayer such undertaking filed with the commissioner
  of finance may be in a sum sufficient to cover the taxes, penalties  and
  interest  thereon  stated  in  such  decision plus the costs and charges
  which may accrue against it in the prosecution  of  the  proceeding,  in
  which  event  the  taxpayer shall not be required to deposit such taxes,
  penalties and interest as a condition precedent to the application.