Section 11-1409. Remedies exclusive  


Latest version.
  • The  remedies  provided  by sections
      11-1406 and 11-1407 of this chapter  shall  be  the  exclusive  remedies
      available  to any person for the review of tax liability imposed by this
      chapter; and no  determination  or  proposed  determination  of  tax  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  taxpayer  may proceed by
      declaratory judgment if the taxpayer 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 11-1406 of this chapter.