Legislation
SECTION 1218
Review of final determinations of state board of real property tax services relating to state equalization rates
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 12, TITLE 1
§ 1218. Review of final determinations of state board of real property
tax services relating to state equalization rates. A final determination
of the state board of real property tax services relating to state
equalization rates may be reviewed by commencing an action in the
appellate division of the supreme court in the manner provided by
article seventy-eight of the civil practice law and rules upon
application of the county, city, town or village for which the rate or
rates were established. The standard of review in such a proceeding
shall be as specified in subdivision four of section seventy-eight
hundred three of the civil practice law and rules. Whenever a final
order is issued in such a proceeding directing a revised state
equalization rate, any county, village or school district that used the
former rate in the apportionment of taxes must, upon receipt of such
final order, recalculate the levy that used such former rate and credit
or debit as appropriate its constituent municipalities in its next levy.
Any special franchise assessments that were established using the former
rate must, upon receipt of such final order, be revised by the state
board in accordance with the new rate, and, if taxes have already been
levied upon such assessments, the affected special franchise owners
shall either automatically receive a refund if there is a decrease or be
taxed on an increase in the next levy in the manner provided for omitted
parcels in title three of article five of this chapter.
tax services relating to state equalization rates. A final determination
of the state board of real property tax services relating to state
equalization rates may be reviewed by commencing an action in the
appellate division of the supreme court in the manner provided by
article seventy-eight of the civil practice law and rules upon
application of the county, city, town or village for which the rate or
rates were established. The standard of review in such a proceeding
shall be as specified in subdivision four of section seventy-eight
hundred three of the civil practice law and rules. Whenever a final
order is issued in such a proceeding directing a revised state
equalization rate, any county, village or school district that used the
former rate in the apportionment of taxes must, upon receipt of such
final order, recalculate the levy that used such former rate and credit
or debit as appropriate its constituent municipalities in its next levy.
Any special franchise assessments that were established using the former
rate must, upon receipt of such final order, be revised by the state
board in accordance with the new rate, and, if taxes have already been
levied upon such assessments, the affected special franchise owners
shall either automatically receive a refund if there is a decrease or be
taxed on an increase in the next levy in the manner provided for omitted
parcels in title three of article five of this chapter.