Section 1412. Penalty, interest and special proceedings 1  


Latest version.
  •  Any person wilfully failing to make any full and complete report or
      to  file  any  affidavit  required  by this chapter shall forfeit to the
      people of the state the sum of one hundred dollars  for  each  day  such
      report  or  affidavit shall be wilfully delayed or withheld, except that
      the state comptroller may extend the time for making any such report  or
      filing  any  such  affidavit and may waive the payment of any penalty or
      part thereof provided for by this subdivision.
        2. In addition to the penalty prescribed in subdivision  one  of  this
      section  for  failure to report, any person failing to pay any sum or to
      deliver any property required to be  paid  or  delivered  to  the  state
      comptroller  by  this  chapter or any law relating to abandoned property
      shall pay to the people of the state interest on the amount or value  of
      such  property. Such interest shall be at the rate of ten per centum per
      annum computed for a period to commence upon the date  such  payment  or
      delivery  was required by this chapter and to terminate upon the date of
      full compliance therewith, except that the state comptroller  may  waive
      the  payment of all or part of such interest whenever in his opinion the
      circumstances warrant such waiver.
        3. Upon the failure of any person to fully and completely  report  and
      pay  or  deliver  abandoned property to the comptroller pursuant to this
      chapter or any other law relating to abandoned property, the comptroller
      shall issue a determination of the amount due and owing him as custodian
      of the abandoned property fund. Such determination shall  be  served  by
      certified  mail upon the person failing to report and pay or deliver and
      shall be presumptive evidence of the amount stated therein  as  due  and
      owing  the  comptroller. Such presumption shall apply to that portion of
      the stated amount which is alleged to have become payable or deliverable
      as  abandoned  property  no  longer  than  five  years   following   the
      thirty-first  day  of  December  of  the  year  in which such report was
      required to be filed. If a full  and  complete  report  and  payment  or
      delivery  is  not  made  by such person within thirty days following the
      receipt of the determination, the comptroller shall convene  a  hearing,
      upon  reasonable notice, in order to certify the amount due as abandoned
      property. The notice of hearing shall be served by certified  mail  upon
      the person having failed to report and pay or deliver.
        4.  Where  the  comptroller,  or  a  person designated by him, after a
      hearing certifies  the  amount  due  as  abandoned  property  under  the
      provisions  of  this  chapter or any law relating to abandoned property,
      any aggrieved person may institute a special  proceeding  within  ninety
      days  after  notice of said certification under article seventy-eight of
      the civil practice law and rules  for  the  purpose  of  reviewing  said
      certification.  In addition to the foregoing provisions of this section,
      the comptroller may institute a special proceeding in the supreme court,
      for  a  judgment  directing  payment  to  him of any sum certified to be
      payable as abandoned property under this chapter together with  interest
      as provided in subdivision two of this section and in such proceeding by
      the  comptroller  the  certification  by  him  shall be conclusive proof
      thereof.