N.Y. Tax Law § 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.