§ 1243. Judicial review. (a) Any final determination of the amount of
any tax payable under sections twelve hundred one through twelve hundred
four 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 by a taxpayer unless (1) the amount of any tax sought
to be reviewed, with such interest and penalties thereon as may be
provided for by local law, ordinance, resolution or regulation, 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 superintendent of financial services of this state 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 taxpayer will pay all costs and charges which may
accrue in the prosecution of such proceeding or (2) at the option of the
taxpayer, 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 such taxpayer in the
prosecution of the proceeding, in which event the taxpayer shall not be
required to pay such taxes, interest or penalties as a condition
precedent to the application.

(b) 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 or, in the case of a
city of one million or more which has established a tax appeals
tribunal, such tax appeals tribunal, 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, (1) that such proceeding is instituted
within four months after the giving of the notice of such denial, (2)
that a final determination of tax due was not previously made, and (3)
that 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 taxpayer will pay all costs and charges which may
accrue in the prosecution of such proceeding.