Section 11-2408. Refunds

a.  In  the manner provided in this section, the
  commissioner shall refund or credit, without interest, any tax,  penalty
  or  interest  erroneously,  illegally or unconstitutionally collected or
  paid, if written application to the commissioner for such  refund  shall
  be  made  within one year from the payment thereof. Whenever a refund or
  credit is made or denied, the commissioner shall state his or her reason
  therefor and give  notice  thereof  to  the  taxpayer  in  writing.  The
  commissioner  may,  in  lieu  of  any  refund required to be made, allow
  credit therefor on payments due from the applicant.
    b. Any determination of the commissioner of finance denying  a  refund
  or  credit  pursuant to subdivision a of this section shall be final and
  irrevocable unless the applicant  for  such  refund  or  credit,  within
  ninety days from the mailing of notice of such determination, or, if the
  commissioner   of  finance  has  established  a  conciliation  procedure
  pursuant  to  section  11-124  and  the  applicant   has   requested   a
  conciliation conference in accordance therewith, within ninety days from
  the mailing of a conciliation decision or the date of the commissioner's
  confirmation  of the discontinuance of the conciliation proceeding, both
  (1) serves a petition upon the commissioner of finance and (2)  files  a
  petition  with the tax appeals tribunal for a hearing. Such petition for
  a  refund  or  credit  made  as  herein  provided  shall  be  deemed  an
  application  for  a  revision of any tax, penalty or interest complained
  of. Such hearing and any appeal to the tribunal sitting en banc from the
  decision rendered in such hearing shall be conducted in the  manner  and
  subject  to  the  requirements  prescribed  by  the tax appeals tribunal
  pursuant  to  sections  one  hundred  sixty-eight  through  one  hundred
  seventy-two of the charter. After such hearing, the tax appeals tribunal
  shall  give  notice  of  its  decision  to  the  applicant  and  to  the
  commissioner of finance. The applicant shall be entitled to institute  a
  proceeding  pursuant  to article seventy-eight of the civil practice law
  and rules to review a decision of the tax appeals  tribunal  sitting  en
  banc  if  application  to the supreme court be made therefor within four
  months after the giving of notice of such decision, and provided, in the
  case of an application by a taxpayer, that a final determination of  tax
  due  was  not previously made. Such a proceeding shall not be instituted
  by a taxpayer unless an  undertaking  shall  first  be  filed  with  the
  commissioner,  in such amount and with such sureties as a justice of the
  supreme court shall approve, to the effect that if  such  proceeding  be
  dismissed  or  the  tax  confirmed,  the taxpayer will pay all costs and
  charges which may accrue in the prosecution of the proceeding.
    c. A person shall not be entitled to  a  revision,  refund  or  credit
  under  this  section,  of  a  tax,  interest  or  penalty which had been
  determined to be due pursuant to the provisions of  section  11-2407  of
  this chapter where such person has had a hearing or an opportunity for a
  hearing,  as  provided in said section or has failed to avail himself or
  herself of the remedies therein provided. No refund or credit  shall  be
  made  of  a  tax,  interest or penalty paid after a determination by the
  commissioner made pursuant to section 11-2407 of this chapter unless  it
  be   found   that   such   determination   was   erroneous,  illegal  or
  unconstitutional or otherwise improper,  by  the  tax  appeals  tribunal
  after  a  hearing  or  of the commissioner's own motion, or, if such tax
  appeals tribunal affirms in whole or in part the  determination  of  the
  commissioner  of finance, in a proceeding under article seventy-eight of
  the civil practice law and rules, pursuant to  the  provisions  of  said
  section  in  which event refund or credit without interest shall be made
  of the tax, interest or penalty found to have been overpaid.