Section 11-1116. Returns to be secret  


Latest version.
  • a. Except in accordance with proper
      judicial order or as otherwise provided by law, it shall be unlawful for
      the commissioner of finance, the tax appeals tribunal, or any officer or
      employee of the department of finance or the  tax  appeals  tribunal  to
      divulge  or  make  known  in  any  manner,  the  receipts  or  any other
      information relating to the business of  a  taxpayer  contained  in  any
      return  required  under  this  chapter.  The  officers  charged with the
      custody of such returns shall not be required to produce any of them  or
      evidence  of  anything  contained in them in any action or proceeding in
      any court, except on behalf of the city or the commissioner of  finance,
      or  on  behalf  of  any  party  to  any  action  or proceeding under the
      provisions of this chapter when the returns or facts shown  thereby  are
      directly  involved  in  such  action  or  proceeding, in either of which
      events, the court may require  the  production  of,  and  may  admit  in
      evidence,  so much of said returns or of the facts shown thereby, as are
      pertinent to the action or proceeding and no more. Nothing herein  shall
      be  construed  to prohibit the delivery to a taxpayer or his or her duly
      authorized representative of a certified copy of  any  return  filed  in
      connection  with  his  or  her  tax,  nor to prohibit the publication of
      statistics so classified as to prevent the identification of  particular
      returns  and  the  items  thereof,  or the inspection by the corporation
      counsel of the city or other legal representatives of such city  of  the
      return of any taxpayer who shall bring action or proceeding to set aside
      or review the tax based thereon, or against whom an action or proceeding
      has  been  instituted  or  is  contemplated for the collection of a tax,
      penalty or interest. Returns shall be  preserved  for  three  years  and
      thereafter  until  the  commissioner  of  finance  permits  them  to  be
      destroyed.
        b. (1) Any officer or employee of the city who willfully violates  the
      provisions  of  subdivision  a  of  this section shall be dismissed from
      office and be incapable of holding any public office in this city for  a
      period of five years thereafter.
        (2) Cross-reference: For criminal penalties, see chapter forty of this
      title.
        c.  This  section  shall  be  deemed  a  state statute for purposes of
      paragraph (a) of subdivision two of section eighty-seven of  the  public
      officers law.
        d.  Notwithstanding  anything  in subdivision a of this section to the
      contrary, if a taxpayer has petitioned  the  tax  appeals  tribunal  for
      administrative  review as provided in section one hundred seventy of the
      charter, the commissioner of finance shall be authorized to  present  to
      the  tribunal  any report or return of such taxpayer, or any information
      contained therein or relating thereto, which may be material or relevant
      to the proceeding before the tribunal. The tax appeals tribunal shall be
      authorized to publish a copy or  a  summary  of  any  decision  rendered
      pursuant to section one hundred seventy-one of the charter.