Section 11-2111. Proceedings to recover tax  


Latest version.
  • a. Whenever any grantor or
      grantee shall fail to pay any tax, penalty or interest imposed  by  this
      chapter  as  herein  provided,  the  corporation counsel shall, upon the
      request of the commissioner of finance bring or cause to be  brought  an
      action  to  enforce the payment of the same on behalf of the city of New
      York in any court of the state of New York or of any other state  or  of
      the  United  States.  If, however, the commissioner of finance in his or
      her discretion believes that any such grantor or grantee subject to  the
      provisions  of  this chapter is about to cease business, leave the state
      or remove or dissipate the assets out of which the tax or penalty  might
      be  satisfied,  and  that  any such tax or penalty will not be paid when
      due, such commissioner may declare such tax or penalty to be immediately
      due and payable and may issue a warrant immediately.
        b. As an additional or alternate remedy, the commissioner  of  finance
      may  issue a warrant, directed to the city sheriff commanding him or her
      to levy upon and sell the real and personal  property  of  the  grantor,
      grantee or other person liable for the tax which may be found within the
      city,  for  the  payment  of  the  amount  thereof, with any penalty and
      interest, and the cost of executing the  warrant,  and  to  return  such
      warrant  to  the  commissioner  of  finance and to pay to him or her the
      money collected by virtue thereof within sixty days after the receipt of
      such warrant. The city sheriff shall within five days after the  receipt
      of  the warrant file with the county clerk a copy thereof, and thereupon
      such clerk shall enter in the judgment docket the  name  of  the  person
      mentioned in the warrant and the amount of the tax, penalty and interest
      for  which  the  warrant is issued and the date when such copy is filed.
      Thereupon the amount of such warrant so docketed  shall  become  a  lien
      upon  the title to and the interest in real and personal property of the
      person against whom the warrant is issued. The city sheriff  shall  then
      proceed  upon  the  warrant in the same manner, and with like effect, as
      that provided by law in respect to executions  issued  against  property
      upon  judgments  of  a court of record and for services in executing the
      warrant he or she shall be entitled to the same fees, which such sheriff
      may collect in the same manner. In the discretion of the commissioner of
      finance a warrant of like terms, force and  effect  may  be  issued  and
      directed  to an officer or employee of the department of finance, and in
      the execution thereof such officer or employee shall have all the powers
      conferred by law upon sheriffs, but shall  be  entitled  to  no  fee  or
      compensation in excess of the actual expenses paid in the performance of
      such  duty.  If  a  warrant  is  returned  not  satisfied  in  full, the
      commissioner of finance may from time to time  issue  new  warrants  and
      shall  also  have the same remedies to enforce the amount due thereunder
      as if the city had recovered judgment therefor and execution thereon had
      been returned unsatisfied.
        c. The commissioner of finance, if he or she finds that the  interests
      of the city will not thereby be jeopardized, and upon such conditions as
      the  commissioner  of finance may require, may release any property from
      the lien of any  warrant  or  vacate  such  warrant  for  unpaid  taxes,
      additions to tax, penalties and interest filed pursuant to subdivision b
      of  this  section,  and  such  release or vacating of the warrant may be
      recorded in the office of any recording officer in  which  such  warrant
      has been filed. The clerk shall thereupon cancel and discharge as of the
      original date of docketing the vacated warrant.