Section 1449-LLLLL. Judicial review

1.  Any  final determination of the
  amount   of   any   tax   payable   under   section   fourteen   hundred
  forty-nine-ccccc   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.