Description

Under the general direction of the Deputy Counsel, the incumbent represents the Commissioner of Tax and Finance in bankruptcy, collection and estate tax matters, represents the Department in other legal matters, and conducts conferences with taxpayers and/or their representatives on taxpayer petitions or appeals. In this capacity the incumbent:

1. Represents the Department in bankruptcy matters.
2. Represents the Department in litigated Surrogate’s Court matters, such as:
   • petitions in estate tax matters pursuant to Tax Law § 998;
   • ancillary probate proceedings;
   • domiciliary proceedings;
   • final accounting proceedings and petitions for decrees of judicial settlements;
   • wrongful death settlements and distributions; and
   • other matters in Surrogate’s Courts as assigned. 
3. Prepares and prosecutes turnover proceedings and other collection enforcement proceedings.
4. Reviews and signs income executions and restraining notices.
5. Represents the Department in administrative and court proceedings related to Department actions and operations.
6. Provides legal advice and opinions to agency staff, taxpayers, and others:
   • Conducts legal research of statutes, decisions, opinions and other legal sources.
   • Researches requests and inquiries and prepares legal opinions.
   • Interprets pertinent laws, rules, regulations and procedures.
7.  Reviews documents for legal sufficiency and prepares legal documents on matters concerning Department operations.
8. Drafts and reviews legislative bills that may impact the Department’s collection operations.
9. May hold discovery proceedings and enforce judgments under Article 52 of the CPLR.

Requirements

Law degree from an accredited law school; admission to, and member in good standing of, the New York State Bar; and six years of relevant post-bar experience.

Preferred qualifications:

• Experience handling debtor/creditor litigation matters for clients in New York state and federal (including bankruptcy) courts, including drafting motions and memos of law and appearing in court on behalf of creditor clients in debt collection, personal property seizures and executions, mortgage foreclosure proceedings, and breach of contract matters;
• Experience with trust and estate matters, including drafting trusts and wills, probating estates in New York’s Surrogate Courts, filing state and federal estate tax returns, and handling estate accounting and audit matters; and
• Good written and oral communication skills and the ability to explain complex matters to non-attorneys.