Section 11-901
§ 11-901 Definitions. Wherever used in this chapter, the following
words and phrases shall mean and include:
"Alien insurer." Any insurer incorporated or organized under the laws
of any foreign nation, or of any province or territory not included
under the definition of a foreign insurer.
"Foreign insurer." Any insurer, except a mutual insurance company
taxed under the provisions of section nine thousand one hundred five of
the insurance law, incorporated or organized under the laws of any
state, as herein defined, other than this state.
"Fire insurance corporation, association or individuals." Any insurer,
regardless of the name, designation or authority under which it purports
to act, which insures property of any kind or nature against loss or
damage by fire.
"Loss or damage by fire." Loss or damage by fire, lightning, smoke or
anything used to combat fire, regardless of whether such risks or the
premiums therefor are stated or charged separately and apart from any
other risk or premium.
"State." Any state of the United States and the District of Columbia.
"Commissioner of finance." The commissioner of finance of the city or
any other officer of the city designated to perform the same functions.
"Department of finance." The department of finance of the city or any
other agency or department designated to perform the same functions.
"Fire commissioner." The fire commissioner of the city.
"Comptroller." The comptroller of the city.
"Tax appeals tribunal." The tax appeals tribunal established by
section one hundred sixty-eight of the charter.
Section 11-902
§ 11-902 General powers of the commissioner of finance. In addition to
all other powers granted to the commissioner of finance under this
chapter, the commissioner is hereby authorized and empowered:
1. To make, adopt and amend rules and regulations appropriate to the
carrying out of this chapter and the purposes thereof.
2. To compromise disputed claims in connection with taxes hereby
imposed.
3. To delegate his or her functions hereunder to any officer or
employee of the department of finance.
4. To prescribe reasonable methods, approved by the New York
superintendent of insurance, for determining the amounts of premiums
subject to the tax.
5. To require any foreign or alien insurer subject to the tax to keep
detailed records of the premiums in a manner reasonably designed to show
the amounts thereof subject to the tax and to furnish such information
on request.
6. To assess, determine, revise and adjust the tax imposed under this
chapter.
7. To audit the reports of any insurer.
8. To allow an extension of time not in excess of thirty days for
filing the report and paying the tax required by this chapter, provided
the taxpayer requests such extension in writing prior to the date
prescribed for such filing and such payment by sections 11-904 and
11-903 of this chapter.
Section 11-903
§ 11-903 Tax on premiums on policies of foreign and alien insurers.
There shall be paid to the department of finance for the use and benefit
of the fire department of the city, on or before the first day of March,
in each year by every foreign and alien fire insurance corporation,
association or individuals which insure property against loss or damage
by fire, the sum of two percent of all gross direct premiums less return
premiums which, during the year ending on the preceding thirty-first day
of December, shall have been received by any such insurer for any
insurance against loss or damage by fire in the city. Any such insurer
which in any year shall cease or terminate doing business in the city
shall pay the tax for such year within thirty days after such cessation
or termination.
Section 11-904
§ 11-904 Report of premiums by insurers. Each insurer required to pay
a tax under this chapter shall, at the time such tax is paid or payable,
whichever is sooner, render to the commissioner of finance a verified
report setting forth such information as may be required by the
commissioner for the determination of the tax and the proper
administration of this chapter. The commissioner of finance shall
prescribe the form and furnish the necessary forms to enable such
insurers to make such reports. The commissioner or the commissioner's
designated representative or the tax appeals tribunal or its designated
representative shall have power to examine any such insurer under oath
and to require the production by such insurer of all books and papers as
the commissioner or the tax appeals tribunal may deem necessary. All
expenses of collecting such tax shall be paid by the commissioner of
finance from the funds received under this chapter prior to the
distribution thereof as hereinafter authorized.
Section 11-905
§ 11-905 Interest and penalties. (a) Interest on underpayments. If any
amount of tax is not paid on or before the last date prescribed for
payment (without regard to any extension of time granted for payment),
interest on such amount at the underpayment rate set by the commissioner
of finance pursuant to subdivision (g) of this section, or, if no rate
is set, at the rate of seven and one-half percent per annum, shall be
paid for the period from such last date to the date of payment. In
computing the amount of interest to be paid, such interest shall be
compounded daily. Interest under this subdivision shall not be paid if
the amount thereof is less than one dollar.
(b) * (1) Failure to file return. (A) In case of failure to file a
return under this chapter on or before the prescribed date (determined
with regard to any extension of time for filing), unless it is shown
that such failure is due to reasonable cause and not due to willful
neglect, there shall be added to the amount required to be shown as tax
on such return five percent of the amount of such tax if the failure is
for not more than one month, with an additional five percent for each
additional month or fraction thereof during which such failure
continues, not exceeding twenty-five percent in the aggregate.
(B) In the case of a failure to file a return of tax within sixty days
of the date prescribed for filing of such return (determined with regard
to any extension of time for filing), unless it is shown that such
failure is due to reasonable cause and not due to willful neglect, the
addition to tax under subparagraph (A) of this paragraph shall not be
less than the lesser of one hundred dollars or one hundred percent of
the amount required to be shown as tax on such return.
(C) For purposes of this paragraph, the amount of tax required to be
shown on the return shall be reduced by the amount of any part of the
tax which is paid on or before the date prescribed for payment of the
tax and by the amount of any credit against the tax which may be claimed
upon the return.
* NB Amended Ch. 765/85 § 43, language juxtaposed per Ch. 907/85 § 14
(2) Failure to pay tax shown on return. In case of failure to pay the
amount shown as tax on a return required to be filed under this chapter
on or before the prescribed date (determined with regard to any
extension of time for payment), unless it is shown that such failure is
due to reasonable cause and not due to willful neglect, there shall be
added to the amount shown as tax on such return one-half of one percent
of the amount of such tax if the failure is not for more than one month,
with an additional one-half of one percent for each additional month or
fraction thereof during which such failure continues, not exceeding
twenty-five percent in the aggregate. For the purpose of computing the
addition for any month the amount of tax shown on the return shall be
reduced by the amount of any part of the tax which is paid on or before
the beginning of such month and by the amount of any credit against the
tax which may be claimed upon the return. If the amount of tax required
to be shown on a return is less than the amount shown as tax on such
return, this paragraph shall be applied by substituting such lower
amount.
(3) Failure to pay tax required to be shown on return. In case of
failure to pay any amount in respect of any tax required to be shown on
a return required to be filed under this chapter which is not so shown
(including a determination made pursuant to section 11-906 of this
chapter) within ten days of the date of a notice and demand therefor,
unless it is shown that such failure is due to reasonable cause and not
due to willful neglect, there shall be added to the amount of tax stated
in such notice and demand one-half of one percent of such tax if the
failure is not for more than one month, with an additional one-half of
one percent for each additional month or fraction thereof during which
such failure continues, not exceeding twenty-five percent in the
aggregate. For the purpose of computing the addition for any month, the
amount of tax stated in the notice and demand shall be reduced by the
amount of any part of the tax which is paid before the beginning of such
month.
* (4) Limitations on additions.
(A) With respect to any return, the amount of the addition under
paragraph one of this subdivision shall be reduced by the amount of the
addition under paragraph two of this subdivision for any month to which
an addition applies under both paragraphs one and two of this
subdivision. In any case described in subparagraph (B) of paragraph one
of this subdivision, the amount of the addition under such paragraph one
shall not be reduced below the amount provided in such subparagraph.
(B) With respect to any return, the maximum amount of the addition
permitted under paragraph three of this subdivision shall be reduced by
the amount of the addition under paragraph one of this subdivision
(determined without regard to subparagraph (B) of such paragraph one)
which is attributable to the tax for which the notice and demand is made
and which is not paid within ten days of such notice and demand.
* NB Amended Ch. 765/85 § 43, language juxtaposed per Ch. 907/85 § 14
* (c) Underpayment due to negligence. (1) If any part of an
underpayment of tax is due to negligence or intentional disregard of
this chapter or any rules and regulations hereunder (but without intent
to defraud), there shall be added to the tax a penalty equal to five
percent of the underpayment.
(2) There shall be added to the tax (in addition to the amount
determined under paragraph one of this subdivision) an amount equal to
fifty percent of the interest payable under subdivision (a) of this
section with respect to the portion of the underpayment described in
such paragraph one which is attributable to the negligence or
intentional disregard referred to in such paragraph one, for the period
beginning on the last date prescribed by law for payment of such
underpayment (determined without regard to any extension) and ending on
the date of the assessment of the tax (or, if earlier, the date of the
payment of the tax).
* NB Amended Ch. 765/85 § 43, language juxtaposed per Ch. 907/85 § 14
* (d) Underpayment due to fraud. (1) If any part of an underpayment of
tax is due to fraud, there shall be added to the tax a penalty equal to
fifty percent of the underpayment.
(2) There shall be added to the tax (in addition to the penalty
determined under paragraph one of this subdivision) an amount equal to
fifty percent of the interest payable under subdivision (a) of this
section with respect to the portion of the underpayment described in
such paragraph one which is attributable to fraud, for the period
beginning on the last day prescribed by law for payment of such
underpayment (determined without regard to any extension) and ending on
the date of the assessment of the tax (or, if earlier, the date of the
payment of the tax).
(3) The penalty under this subdivision shall be in lieu of any other
addition to tax imposed by subdivision (b) or (c) of this section.
* NB Amended Ch. 765/85 § 43, language juxtaposed per Ch. 907/85 § 14
(e) Additional penalty. Any insurer who, with fraudulent intent, shall
fail to pay any tax imposed by this chapter, or to make, render, sign or
certify any return, or to supply any information within the time
required by or under this chapter, shall be liable for a penalty of not
more than one thousand dollars, in addition to any other amounts
required under this chapter to be imposed, assessed and collected by the
commissioner of finance. The commissioner of finance shall have the
power, in his or her discretion, to waive, reduce or compromise any
penalty under this subdivision.
(f) The interest and penalties imposed by this section shall be paid
and disposed of in the same manner as other revenues from this chapter.
Unpaid interest and penalties may be enforced in the same manner as the
tax imposed by this chapter.
(g) (1) Authority to set interest rates. The commissioner of finance
shall set the overpayment and underpayment rates of interest to be paid
pursuant to subdivision (a) of this section and subdivision (a) of
section 11-906 of this chapter, but if no such overpayment rate of
interest are set, such rate or rates shall be deemed to be set at six
percent per annum and such underpayment rate shall be deemed to be set
at seven and one-half percent per annum. Such rates shall be the
overpayment and underpayment rates prescribed in paragraph two of this
subdivision but the underpayment rate shall not be less than seven and
one-half percent per annum. Any such rates set by the commissioner of
finance shall apply to taxes, or any portion thereof, which remain or
become due or overpaid on or after the date on which such rates become
effective and shall apply only with respect to interest computed or
computable for periods or portions of periods occurring in the period in
which such rates are in effect.
(2) General rule. (A) Overpayment rate. The overpayment rate set under
this subdivision shall be the sum of (i) the federal short-term rate as
provided under paragraph three of this subdivision, plus (ii) two
percentage points.
(B) Underpayment rate. The underpayment rate set under this
subdivision shall be the sum of (i) the federal short-term rate as
provided under paragraph three of this subdivision, plus (ii) seven
percentage points.
(3) Federal short-term rate. For purposes of this subdivision:
(A) The federal short-term rate for any month shall be the federal
short-term rate determined by the United States secretary of the
treasury during such month in accordance with subsection (d) of section
twelve hundred seventy-four of the internal revenue code for use in
connection with section six thousand six hundred twenty-one of the
internal revenue code. Any such rate shall be rounded to the nearest
full percent (or, if a multiple of one-half of one percent, such rate
shall be increased to the next highest full percent).
(B) Period during which rate applies.
(i) In general. Except as provided in clause (ii) of this
subparagraph, the federal short-term rate for the first month in each
calendar quarter shall apply during the first calendar quarter beginning
after such month.
(ii) Special rule for the month of September, nineteen hundred
eighty-nine. The federal short-term rate for the month of April,
nineteen hundred eighty-nine shall apply with respect to setting the
rate of interest for the month of September, nineteen hundred
eighty-nine.
(4) Publication of interest rate. The commissioner of finance shall
cause to be published in the city record, and give other appropriate
general notice of, the interest rate to be set under this subdivision no
later than twenty days preceding the first day of the calendar quarter
during which such interest rate applies. The setting and publication of
such interest rate shall not be included within paragraph (a) of
subdivision five of section one thousand forty-one of the city charter
relating to the definition of a rule.
Section 11-906
§ 11-906 Assessment, refund, collection, review and reserves. (a) The
provisions of the civil practice law and rules or any other law relative
to limitations of time for the enforcement of a civil remedy shall not
apply to any proceeding or action by the commissioner of finance to
levy, assess, determine or enforce the collection of tax, interest or
penalty imposed by this chapter. However, except in the case of a
wilfully false or fraudulent report, no assessment of additional tax,
interest or penalty shall be made after the expiration of more than
three years from the date of the filing of a report, provided, however,
that where no report has been filed as provided by law the tax may be
assessed at any time. The commissioner of finance shall refund or
credit, with interest at the overpayment rate set by the commissioner of
finance pursuant to subdivision (g) of section 11-905 of this chapter
or, if no rate is set, at the rate of six percent per annum computed
from the date of overpayment to a date (to be determined by the
commissioner of finance) preceding the date of a refund check by not
more than thirty days, any tax, penalty or interest erroneously,
illegally or unconstitutionally collected or paid if application to the
commissioner of finance for such refund shall be made within six months
from the payment thereof. Notice of any determination of the
commissioner of finance with respect to an assessment of tax, interest
or penalty or with respect to a claim for refund or any other notice,
demand or request shall be given by mailing the same to the insurer to
the address of its New York city office last filed with the commissioner
of finance or, if there is no such office, to the address of its main
office last filed with the commissioner of finance or, in the absence of
any filed address, to such address as may be obtainable. The mailing of
any notice, demand or request by the commissioner of finance shall be
presumptive evidence of its receipt by the insurer and any period of
time to be determined with reference to the giving of such notice,
demand or request shall commence to run from the date of such mailing.
The determination of the commissioner of finance shall finally and
irrevocably fix the amount of any tax, interest or penalty due or to be
refunded unless the taxpayer, within ninety days after the giving of
notice of such determination, or if the commissioner of finance has
established a conciliation procedure pursuant to section 11-124 of the
code and the taxpayer has requested a conciliation conference in
accordance therewith, within ninety days from the mailing of a
conciliation decision or the date of the commissioner's confirmation of
the discontinuance of the conciliation proceeding, both (1) serves a
petition upon the commissioner of finance and (2) files a petition with
the tax appeals tribunal for a hearing, or unless the commissioner of
finance of his or her own motion shall redetermine the same. Such
hearing and any appeal to the tax appeals tribunal sitting en banc from
the decision rendered in such hearing shall be conducted in the manner
and subject to the requirements prescribed by the tax appeals tribunal
pursuant to sections one hundred sixty-eight through one hundred
seventy-two of the charter. After such hearing the tax appeals tribunal
shall give notice of its decision to the taxpayer and to the
commissioner of finance with reference to the amount of the tax,
interest or penalty assessed or to be refunded. The decision of the tax
appeals tribunal sitting en banc shall be reviewable for error,
illegality or unconstitutionality or any other reason, by a proceeding
under article seventy-eight of the civil practice law and rules if such
proceeding is commenced by the person against whom the tax was assessed
within four months after the giving of the notice of such tax appeals
tribunal decision. Such proceeding shall not be commenced by the
taxpayer unless: (1) the amount of any tax assessed and sought to be
reviewed with penalties and interest thereon, if any, shall be first
deposited with the commissioner of finance and there shall be filed with
the commissioner of finance an undertaking 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 decision confirmed, the
taxpayer will pay all costs and charges which may accrue against the
taxpayer in the prosecution of the proceeding, or (2) in the case of a
review of a decision assessing any taxes, penalties and interest, at the
option of the taxpayer, such undertaking may be in a sum sufficient to
cover all of the taxes, penalties and interest assessed by such decision
plus the costs and charges which may accrue against the taxpayer in the
prosecution of the proceeding, in which event the taxpayer shall not be
required to deposit such taxes, penalties and interest as a condition
precedent to the commencement of the proceeding. No determination or
proposed determination of tax, interest or penalty due or to be refunded
shall be reviewed or enjoined in any manner except as set forth herein.
(b) In cases where the taxpayer has applied for a refund and has
commenced a proceeding under article seventy-eight of the civil practice
law and rules to review a decision of the tax appeals tribunal adverse
to such taxpayer on its application for a refund, the commissioner of
finance shall set up appropriate reserves to meet any decision adverse
to the city.
(c) In computing the amount of interest to be paid under this section,
such interest shall be compounded daily.
Section 11-907
§ 11-907 Place of business to be reported. Every insurer, on or before
the first day of March in each year, and as often in each year as such
insurer shall change its principal place of business or change or
terminate any office or place of business in the city, shall report in
writing, to the commissioner of finance, the location of its principal
place of business and any new principal place of business or of any new
office or place of business in the city or of the termination of any
such office or place of business. In the event of such change or
termination, such report shall be made no later than fifteen days after
such change or termination. Any insurer who fails or neglects to make
such report within the time limited therefor shall be subject to a
penalty of one hundred dollars and, in addition thereto, fifty dollars
for each month or part thereof during which such report is not made. The
total of such penalties shall not exceed one thousand dollars.
Section 11-908
§ 11-908 Suits for violations. The tax provided to be paid by this
chapter, and the pecuniary penalties and interest imposed therein, or
any or either of them, may be sued for and recovered, with costs of
suit, in any court of record, by the commissioner of finance.
Section 11-909
§ 11-909 Distribution of tax on policies covering property in the city
of New York. (a) The moneys received by the commissioner of finance as a
tax on policies covering property in each borough of the city shall be
disbursed by the commissioner of finance as follows:
1. Ten percent to the firemen's association of the state of New York,
for the endowment, benefit and maintenance of the volunteer firemen's
home at Hudson, but in no event to exceed the sum of thirty-five
thousand dollars ($35,000) annually.
2. The balance to the general fund of the city established pursuant to
section one hundred nine of the charter, except as provided in paragraph
three of this subdivision.
3. a. Volunteer firemen's benevolent fund; trustee. From the balance
specified in paragraph two of this subdivision, a sum, not to exceed one
hundred fifty thousand dollars in any one year, shall be paid into a
fund to be known as the volunteer firemen's benevolent fund, which shall
be administered as hereinafter provided by the fire commissioner, as
trustee of such fund, for the benefit of indigent volunteer
firefighters, their surviving spouses and orphans.
b. Persons entitled to benefits from fund. All funds received by the
fire commissioner as trustee under this paragraph shall be expended by
the fire commissioner for the relief of:
(i) all indigent volunteer firefighters who served as such for a
period of five years in a duly organized volunteer fire company in the
former towns of New Lots, Flatlands, Gravesend, New Utrecht and Flatbush
in the county of Kings, or in the territory now included in the borough
of Richmond, or in the territory now included in the borough of Queens,
or in the territory now included in the borough of the Bronx, and who
were honorably discharged after such five years of service, or who
having been members of a duly organized volunteer fire company within
any such town or territory, which company was disbanded by reason of the
installation of a paid fire department, and were members of such company
for at least one year prior to its disbandment;
(ii) the surviving spouses and orphans of any such volunteer
firefighters.
c. Fund benefits of beneficiaries on rolls as of December
thirty-first, nineteen hundred fifty-one. During the lifetime of those
relief beneficiaries who appear as such as of December thirty-first,
nineteen hundred fifty-one upon the records of the trustees of the
exempt firemen's benevolent fund of the county of Kings, or of the
trustees of the exempt firemen's benevolent fund of the borough of
Queens, or of the trustees of the exempt firemen's benevolent fund of
the borough of Staten Island, or of the trustees of the exempt firemen's
benevolent fund of the borough of the Bronx, it shall be the duty of the
fire commissioner, as such trustee, to pay to such beneficiaries from
the volunteer firemen's benevolent fund referred to in subparagraph a
hereof, the same amounts as were being periodically paid to such
beneficiaries as of June thirtieth, nineteen hundred fifty-two.
d. Fund benefits of residents of firemen's home. It shall be the duty
of the fire commissioner, as such trustee, to pay from such fund
referred to in subparagraph a, the sum of ten dollars monthly to each
volunteer firefighter in residence at the volunteer firemen's home at
Hudson, who qualified for entrance into such home by reason of service
as a volunteer firefighter within the area now included within the
boundaries of the city of New York. No other payments shall be made from
such fund to any such volunteer firefighter while in residence at such
home.
e. Eligibility of persons who applied for fund benefits after December
thirty-first, nineteen hundred fifty-one, and prior to the establishment
of fund. Upon the establishment of the volunteer firemen's benevolent
fund referred to in subparagraph a hereof, the fire commissioner or the
fire commissioner's authorized subordinates shall investigate and
determine the need for benefits of all persons who, after December
thirty-first, nineteen hundred fifty-one and prior to the establishment
of such volunteer firemen's benevolent fund, applied for benefits
payable from any of the benevolent funds mentioned in subparagraph c
hereof, and who are receiving benefits therefrom at the time of the
establishment of such fund referred to in subparagraph a. No such person
shall be found to be in need of benefits, nor shall any such person be
paid any benefits from such last-mentioned fund unless the fire
commissioner or the fire commissioner's authorized subordinates shall
determine that such person is indigent. In the event that any such
person is thus found to be in need of benefits, the fire commissioner
shall pay to such person from such last-mentioned fund, the same
periodic amounts as the trustees mentioned in subparagraph c hereof were
paying as of June thirtieth, nineteen hundred fifty-two, to a person who
had the same status and who was receiving benefits from the borough or
county fund which would be currently liable for the payment of benefits
to such person, but for the provision of section 13-532 of the code. It
shall be the duty of the fire commissioner and the fire commissioner's
authorized subordinates to maintain and carry out continuously, such
investigation procedures as may be necessary to assure that benefits
will not be paid from such fund to any persons who are not in need as
herein specified.
f. Eligibility for benefits of persons applying therefor after
establishment of fund. All persons applying after the establishment of
the volunteer firemen's benevolent fund for benefits payable therefrom
shall be investigated as to need by the fire commissioner or the fire
commissioner's authorized subordinates, and the eligibility of such
persons for benefits and the amount thereof to be awarded and paid to
them shall be determined by the fire commissioner or the fire
commissioner's authorized subordinates in accordance with the standards
specified in subparagraph e hereof. Benefits shall be paid from such
fund to eligible persons in accordance with such determination and it
shall be the duty of the fire commissioner and the fire commissioner's
subordinates continuously to maintain and carry out as to such persons
investigation procedures such as are described in subparagraph e hereof.
The fire commissioner, as part of his or her investigation to determine
eligibility of persons for fund benefits, shall request from the duly
appointed representative of the volunteer firefighters in each borough a
report on such person's service and indigency. Such report shall be
solely for the information of the fire commissioner and shall not be
binding upon the fire commissioner in arriving at a determination as to
eligibility. In the event that such report is not submitted within ten
days from the date of request, the fire commissioner shall determine
eligibility on the basis of the facts developed in the fire
commissioner's own investigation.
g. Excess moneys. In the event that the benefits paid by the fire
commissioner, as trustee, during any period of one year beginning on the
first day of February shall not equal the sum of one hundred fifty
thousand dollars, the unexpended balance shall be paid into the general
fund of the city established pursuant to section one hundred nine of the
charter, except that the fire commissioner may retain in the volunteer
firemen's benevolent fund such amount as may be necessary to meet the
commitments of such fund until the revenue from the tax collected under
this chapter in the ensuing taxable year shall become available.
h. Depositories. The fire commissioner, as trustee, is hereby
empowered and directed to receive all moneys and assets belonging or
payable to such volunteer firemen's benevolent fund and shall deposit
all such moneys to the credit of such fund in banks and trust companies
to be selected by the fire commissioner.
i. Bond. The fire commissioner, as trustee of such fund, shall give a
bond with one or more sureties, in a sum sufficient for the faithful
performance of his or her duties, such bond to be approved as to amount
and adequacy, by the comptroller and filed in the comptroller's office.
j. Records. The officers and employees of the fire department who are
responsible for the maintenance of the books and records of the New York
fire department pension fund shall have charge of, and keep the accounts
of the fire commissioner as trustee of the volunteer firemen's
benevolent fund.
k. Reports. The fire commissioner, as trustee of such volunteer
firemen's benevolent fund, shall submit to the mayor on or before the
first day of April of each year, a verified report in which shall be set
forth the account of the fire commissioner's proceedings as such trustee
during the twelve-month period ending on the thirty-first day of January
immediately preceding. Such report shall include a statement of all
receipts and disbursements on account of such benevolent fund, a list of
the names, residences and as nearly as possible, the ages of the
beneficiaries of such fund and the respective amounts paid to them
during such period.
1. Audit. The comptroller shall have the power to audit the books and
records of the fire commissioner as trustee of the volunteer firemen's
benevolent fund.
(b) The moneys received by the fire commissioner as trustee pursuant
to the provisions of paragraph three of subdivision (a) of this section
shall be expended by the fire commissioner only as provided in such
paragraph.