N.Y. Comp. Codes R. & Regs. tit. 20 § 654.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 654.4 - Procedure for review

Tax Law, § 251

(a) The commissioner shall notify the appropriate parties of his determination granting or denying the refund. Such determination by the commissioner is fixed and irrevocable unless the mortgagor, mortgagee or the City of New York or the county treasurer, as the case may be, within 90 days of mailing such notice granting or denying such refund in whole or in part, petitions the Division of Tax Appeals for a hearing, unless such mortgagor, mortgagee, the City of New York or the county treasurer, as the case may be, waive their rights to petition in such matter.

(b) After the hearing as described in subdivision (a) of this section, the administrative law judge shall mail a notice of determination to the party who filed such petition, and also to the City of New York or such county treasurer, as the case may be, and to the commissioner. The determination of the administrative law judge may be reviewed by the Tax Appeals Tribunal as provided by section 2006.7 of the Tax Law (see Part 3000 of this Title).

(c) The mortgagor, mortgagee, the City of New York or county treasurer, as the case may be, may petition for judicial review of the decision by the Tax Appeals Tribunal in the manner provided by article 78 of the Civil Practice Law and Rules, and as set forth in section 2016 of the Tax Law.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 654.4