Section 1448-R. Judicial review

1. Any final determination of the amount of
  any  tax  payable  under  section fourteen hundred forty-eight-i of this
  article shall be reviewable for error, illegality or unconstitutionality
  or  any  other  reason  whatsoever  by  a   proceeding   under   article
  seventy-eight  of  the  civil  practice  law  and  rules  if application
  therefor is made to the supreme  court  within  four  months  after  the
  giving  of  the  notice  of such final determination, provided, however,
  that any such  proceeding  under  article  seventy-eight  of  the  civil
  practice  law and rules shall not be instituted unless (a) the amount of
  any tax sought to be reviewed, with such interest and penalties  thereon
  as  may  be provided for by local law shall be first deposited and there
  is filed an undertaking,  issued  by  a  surety  company  authorized  to
  transact  business  in  this state and approved by the superintendent of
  insurance of this state as  to  solvency  and  responsibility,  in  such
  amount  as  a  justice  of the supreme court shall approve to the effect
  that if such proceeding be dismissed or the tax confirmed the petitioner
  will pay all costs and charges which may accrue in  the  prosecution  of
  such proceeding or (b) at the option of the petitioner, such undertaking
  may  be  in  a sum sufficient to cover the taxes, interest and penalties
  stated in such determination, plus  the  costs  and  charges  which  may
  accrue  against  it in the prosecution of the proceeding, in which event
  the petitioner shall not be required to  pay  such  taxes,  interest  or
  penalties as a condition precedent to the application.
    2.  Where  any  tax  imposed  hereunder  shall  have been erroneously,
  illegally or unconstitutionally assessed or  collected  and  application
  for  the  refund  or  revision  thereof  duly  made to the proper fiscal
  officer or officers, and such officer or  officers  shall  have  made  a
  determination  denying such refund or revision, such determination shall
  be reviewable by a proceeding under article seventy-eight of  the  civil
  practice  law  and rules; provided, however, that (a) such proceeding is
  instituted within four months after the giving of  the  notice  of  such
  denial,  (b)  a  final determination of tax due was not previously made,
  and (c) an undertaking is  filed  with  the  proper  fiscal  officer  or
  officers  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 petitioner will pay all costs and
  charges which may accrue in the prosecution of such proceeding.