NY Tax L § 263 (2021)
2021 New York Laws TAX - Tax Article 11 - Tax on Mortgages 263 - Supervisory Power of Commissioner of Taxation and Finance and Comptroller.

§  263.  Supervisory power of commissioner of taxation and finance and comptroller.  1. (a) The commissioner of taxation and finance shall have general supervisory power over all recording officers in respect of  the duties  imposed  by  this  article  and  he  may  make  such  rules  and regulations for the government of recording officers in respect  to  the matters  provided  for  in  this article as he may deem proper, provided that such rules and regulations shall not be inconsistent with  this  or any other statute.  Whenever a duly verified application for a refund of mortgage  taxes erroneously paid is made to the commissioner of taxation and finance or where a discharge has been recorded  in  the  case  of  a mortgagor  exercising a statutory right of rescission in accordance with section two hundred fifty-seven-a of this article  who  has  filed  such application,  it shall be the duty of such commissioner, or the delegate duly authorized by him in writing, to determine the amount that has been so paid or which is refundable by reason of the exercise of the right of rescission and, after audit thereof by the comptroller, to make an order directing the appropriate recording officer  to  refund  the  amount  so determined,  together  with  interest at the rate of one-half of one per centum thereof for each month or fraction of a month for the period from the date the application for refund in processible form is  received  by the commissioner of taxation and finance to a date preceding the date of the  refund  check  by  not  more  than thirty days, except as otherwise provided in paragraph (b) of this  subdivision.  Provided,  however,  no such  interest  shall  be  allowed or paid if the refund check is issued within ninety days of the date  such  application  is  received  and  no interest  shall  be  allowed  or paid if the amount of interest would be less than one dollar. The amount so ordered to be  paid  shall  be  paid from  mortgage  tax  moneys  in such recording officer's hands, or which shall come to his hands, to the party entitled to  receive  it  and  the recording  officer  shall  charge  such amount back to the state, public benefit corporation or tax district, as the case may be, that  may  have been  credited  with  the same. No refund of tax paid under this article shall be allowed unless the application for refund is filed  within  two years from the time the erroneous payment of tax was received or, in the case of a refund arising out of the exercise of the right of rescission, within  two  years  from the time of payment of tax or one year from the date of discharge of the mortgage which is  subject  to  such  exercise, whichever  is  later.  If any recording officer shall have collected and paid over to the treasurer of any county, or to the state  or  a  public benefit  corporation,  a  tax  paid  upon  a  mortgage  which  under the provisions of section two  hundred  sixty  of  this  chapter  is  to  be apportioned  by  the  commissioner  of  taxation and finance before such apportionment has been made, or if any recording officer shall have paid over to a county treasurer, the state or a  public  benefit  corporation more  money  than  required on account of mortgage taxes, such recording officer shall make a report to the commissioner of taxation and  finance in the form of a verified statement of facts and said commissioner shall determine  the  method  of  adjustment  and,  after audit thereof by the comptroller, shall issue his order accordingly.  (b) In any city of this state having a population of  one  million  or more,  the  overpayment  rate  referred  to  in  paragraph  (a)  of this subdivision shall be set by the commissioner  of  taxation  and  finance pursuant  to  subsection  (e) of section one thousand ninety-six of this chapter, or if no rate is set, at the rate of six percent per annum  for the  period from the date the application for refund in processible form is received by the commissioner  of  taxation  and  finance  to  a  date preceding the date of the refund check by not more than thirty days.    2.  The  comptroller  shall  have  general  supervisory power over all county treasurers in respect to the duties imposed  upon  them  by  this article,  and may make such rules and regulations, not inconsistent with this or any other statute, for the government of said county  treasurers as  he  deems proper to secure a due accounting for all taxes and moneys collected or received and refunds and  interest  paid  pursuant  to  any provision of this article.