Section 1570. Judicial review

1. Any final determination of the amount of
  any tax payable under section fifteen hundred sixty-two 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  state  superintendent of insurance 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.