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What is NYC AC § 11-2710?

Quick Answer

This section establishes that the remedies specified in sections 11-2707 and 11-2708 are the exclusive means for reviewing liability related to annual vault charges. It outlines the limitations on legal actions regarding determinations made by the commissioner of finance and the tax appeals tribunal. Applies to individuals liable for annual vault charges.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 11-2710 Remedies exclusive.

AC § 11-2710

The remedies provided by sections 11-2707 and 11-2708 of this chapter shall be the exclusive remedies available to any person for the review of the liability imposed hereunder, and no determination or proposed determination of an annual vault charge or determination on any application for refund by the commissioner of finance, nor any decision by the tax appeals tribunal or any of its administrative law judges, shall be enjoined or reviewed by an action for declaratory judgment, an action for money had and received or by any action or proceeding other than, in the case of a decision by the tax appeals tribunal sitting en banc, a proceeding in the nature of a certiorari proceeding under article seventy-eight of the civil practice law and rules; provided, however, that a person liable for the annual vault charge may proceed by declaratory judgment if he or she institutes suit within thirty days after a deficiency assessment is made and pays the amount of the deficiency assessment to the commissioner of finance prior to the institution of such suit and posts a bond for costs as provided in section 11-2707 of this chapter.

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