New York Consolidated Laws, Tax Law - TAX § 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.