Section 11-2211. Proceedings to recover tax  


Latest version.
  • a. Whenever any person shall
      fail to pay any tax, penalty or interest  imposed  by  this  chapter  as
      herein  provided,  the  corporation  counsel,  upon  the  request of the
      commissioner of motor vehicles or of  the  commissioner  of  finance  if
      designated  as  his  or her agent, shall 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 of the
      United States.  However, if in his or her discretion the commissioner of
      motor vehicles, or the commissioner of finance if designated as  his  or
      her  agent,  believes  that any such person 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, he or she
      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 motor
      vehicles, or the commissioner of finance if designated  as  his  or  her
      agent,  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
      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 person
      who issued it 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 such sheriff
      shall be entitled to the same fees, which he or she may collect  in  the
      same manner. In the discretion of the commissioner of motor vehicles, or
      of  the  commissioner  of  finance  if designated as his or her agent, a
      warrant of like terms, force and effect may be issued and directed to an
      officer or employee of the department of finance of the city, 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  motor  vehicles or the commissioner of finance, as the
      case may be, may from time to time issue new  warrants  and  shall  also
      have  the same remedies to enforce the amount due thereunder as if he or
      she 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.