Section 11-1414. 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 chairperson of the taxi  and  limousine
      commission,  the  tax appeals tribunal or any officer or employee of the
      department of finance or  taxi  and  limousine  commission  or  the  tax
      appeals tribunal, to divulge or make known in any manner any information
      contained in or relating to any return provided for by 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 commissioner
      of finance in an action or  proceeding  under  the  provisions  of  this
      chapter,  or on behalf of any party to an 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 transferee or transferor or
      to the duly authorized representative of either of them of  a  certified
      copy  of  any  return  filed  in connection with the tax imposed by this
      chapter; nor to prohibit the delivery of such a certified copy  of  such
      return  or  of  any  information contained in or relating thereto to the
      United States of America or any department thereof,  the  state  of  New
      York  or  any department thereof, the city of New York or any department
      thereof provided the same is required  for  official  business;  nor  to
      prohibit  the  inspection  for  official business of such returns by the
      chairperson of  the  taxi  and  limousine  commission,  the  corporation
      counsel  or  other  legal representatives of the city or by the district
      attorney of any county within the city; nor to prohibit the  publication
      of  statistics  so  classified  as  to  prevent  the  identification  of
      particular returns or items thereof.
        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.