Section 11-2708. Refunds

a.  In  the manner provided in this section, the
  commissioner of finance shall refund or credit,  without  interest,  any
  vault   charge,   penalty   or   interest   erroneously,   illegally  or
  unconstitutionally collected or paid if application to the  commissioner
  of  finance  for  such  refund  shall  be  made within one year from the
  payment thereof. Whenever a refund is made or denied by the commissioner
  of finance, he or she shall state his or her reason  therefor  and  give
  notice thereof to the applicant in writing. Such application may be made
  by the owner of the premises, or other person, who has actually paid the
  vault  charge.  The  commissioner  of finance 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 of the administrative code 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
  vault  charge,  penalty  or interest complained of. Such hearing and any
  appeal to the tax appeals 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 review such decision of the  tax  appeals
  tribunal   sitting   en   banc  by  a  proceeding  pursuant  to  article
  seventy-eight of  the  civil  practice  law  and  rules,  provided  such
  proceeding  is  instituted  within  four  months after the giving of the
  notice of such decision, and provided, in the case of an application  by
  a  person  against  whom  the  vault  charge  is  assessed, that a final
  determination of the vault charge due was not previously  made.  Such  a
  proceeding  shall  not  be instituted by a person against whom the vault
  charge is assessed unless an undertaking is filed with the  commissioner
  of  finance  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 vault charge confirmed, such person will pay all costs
  and charges which may accrue in the prosecution of such proceeding.
    c. A person shall not be entitled to  a  revision,  refund  or  credit
  under this section of a vault charge, interest or penalty which had been
  determined  to  be  due pursuant to the provisions of section 11-2707 of
  this chapter where he or she 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  annual  vault  charge,  interest  or  penalty  paid  after  a
  determination by the commissioner of finance made  pursuant  to  section
  11-2707  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 on 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 vault charge, interest or penalty found to
  have been overpaid.