N.Y. Tax Law 2012 – Small claims unit
§ 2012. Small claims unit. There shall be established in the division of tax appeals a small claims unit. Such unit may hear any case where the amount in controversy is not in excess of an amount to be prescribed by regulations of the tax appeals tribunal. However, the amount so prescribed may not be less than twelve thousand dollars, excluding penalty and interest, except that with respect to controversies arising out of taxes imposed by article twenty-eight or pursuant to the authority of article twenty-nine of this chapter, the amount so prescribed shall not be less than twenty-five thousand dollars, excluding penalty and interest. The option to proceed in the small claims unit shall be determined by the petitioner. At any time prior to the conclusion of a hearing in the small claims unit, a petitioner may by written notice to the secretary to the tax appeals tribunal discontinue such small claims proceeding and request that it be transferred to a proceeding conducted before an administrative law judge. Such transfer shall be effectuated by such written notice and such discontinuance shall be without prejudice to any subsequent proceeding before an administrative law judge. The hearing in the small claims part shall be informal and such evidence and testimony that the presiding officer of the small claims proceeding deems necessary or desirable for a just and equitable determination shall be heard or received. All testimony shall be given under oath or affirmation. The final determination of the presiding officer in the small claims unit shall be conclusive upon all parties and shall not be subject to review by any other unit in the division of tax appeals, by the tax appeals tribunal or by any court of the state. However, the tax appeals tribunal may order a rehearing upon proof or allegation of misconduct by the presiding officer of the small claims proceeding. The division shall not be required to publish determinations issued by the small claims unit and such determinations of the small claims unit shall not be cited, shall not be considered as precedent nor be given any force or effect in any other proceeding conducted pursuant to the authority of the division or in any other judicial proceedings conducted in this state.
Terms Used In N.Y. Tax Law 2012
- Allegation: something that someone says happened.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.