§ 138. Review of director's decision. (a) General.--A decision of the
director of finance shall be subject to judicial review at the instance
of any taxpayer affected thereby in the manner provided by law for the
review of a final decision or action of administrative agencies of the
city. An application by a taxpayer for such review must be made within
four months after notice of the decision is sent by certified or
registered mail to the taxpayer.

(b) Judicial review exclusive remedy of taxpayer.--The review of a
decision of the director of finance provided by this section shall be
the exclusive remedy available to any taxpayer for the judicial
determination of the liability of the taxpayer for the taxes imposed by
this title.

(c) Assessment pending review; review bond.--Irrespective of any
restrictions on the assessment and collection of deficiencies, the
director of finance may assess a deficiency after the expiration of the
period specified in subdivision (a), notwithstanding that an application
for judicial review in respect of such deficiency has been duly made by
the taxpayer, unless the taxpayer, at or before the time his application
for review is made, has paid the deficiency, has deposited with the
director of finance the amount of the deficiency, or has filed with the
director of finance a bond (which may be a jeopardy bond under
subdivision (h) of section one hundred forty-two) in the amount of the
portion of the deficiency (including interest and other amounts) in
respect of which the application for review is made and all costs and
charges which may accrue against him in the prosecution of the
proceeding, including costs of all appeals, and with surety approved by
a justice of the supreme court of the state of New York, conditioned
upon the payment of the deficiency (including interest and other
amounts) as finally determined and such costs and charges. If as a
result of a waiver of the restrictions on the assessment and collection
of a deficiency any part of the amount determined by the director of
finance is paid after the filing of the review bond, such bond shall, at
the request of the taxpayer, be proportionately reduced.

(d) Credit, refund or abatement after review.--If the amount of a
deficiency determined by the director of finance is disallowed in whole
or in part by the court of review, the amount so disallowed shall be
credited or refunded to the taxpayer, without the making of claim
therefor, or, if payment has not been made, shall be abated.

(e) Date of finality of director's decision.--A decision of the
director of finance shall become final upon the expiration of the period
specified in subdivision (a) for making an application for review, if no
such application has been duly made within such time, or if such
application has been duly made, upon expiration of the time for all
further judicial review, or upon the rendering by the director of
finance of a decision in accordance with the mandate of the court on
review. Notwithstanding the foregoing, for the purpose of making an
application for review, the decision of the director of finance shall be
deemed final on the date the notice of decision is sent by certified or
registered mail to the taxpayer.