Senior Attorney (NY HELPS)

Under the direction of an Associate Attorney Tax or higher level attorney, a Senior Attorney in the Office of Counsel (OOC) of the Department of Taxation and Finance serves as a generalist who applies legal knowledge and expertise in the representation of the agency.

Legal casework in the Department can span several years and include multiple facets of legal representation as required by the individual case including research, legal analysis, preparation of written briefs and other documents, oral argument and other litigation activities.

Appellate arguments are not assigned to separate staff and will be required of each Senior Attorney as warranted by any cases assigned.

The Senior Attorney will be expected to:

• Provide oral and written legal advice to others regarding the proper interpretations of Tax Law, Real Property Tax Law and other laws governing the Department’s core mission. This advice will include consideration of all legal implications of actions or proposed actions.

The recipients of this advice and counsel may differ depending on the nature of specific assignment.

• Independently research various Tax laws, Real Property Tax Law and other legal matters; preparing analysis and written summaries of research.
• Provide oral and written advice to Department employees, taxpayers, tax practitioners and/or local governments concerning the proper interpretation of various sections of the Tax Law and the Real Property Tax Law. They will also be expected to provide guidance in administrative and policy matters pertaining to tax secrecy, procurement and other financial matters pertaining to the Department.
• Draft or assist in drafting, budget bills and other legislation amending the Tax Law and the Real Property Tax Law, and participate in the advocacy of the legislation.
• Review and comment on legislation proposed by others and to participate in the drafting of departmental regulations in compliance with SAPA requirements.
• Provide representation for the Department in administrative hearings at the Division of Tax Appeals and/or in other court matters.

Representation includes full case preparation; pleadings; hearings; and the writing of briefs and/or oral argument of tax cases.

It may also include assisting the AG’s Office in appeals and other court matters, depending on the nature of the case.

Minimum Qualifications

This title is part of the New York Hiring for Emergency Limited Placement Statewide Program (NY HELPS).

For the duration of the NY HELPS Program, this title maybe filled via a non-competitive appointment, which means no examination is required but all candidates must meet the minimum qualifications of the title for which they apply. At this time, agencies may recruit and hire employees by making temporary appointments. In May 2024, if a temporary NY HELPS employee is satisfactorily performing in the position, the appointment will be changed from temporary pending Civil Service Commission Action to permanent non-competitive and the official probationary period will begin.

At a future date (within one year of permanent appointment), it is expected employees hired under NY HELPS will have their non-competitive employment status converted to competitive status, without having to compete in an examination. Employees will then be afforded with all of the same rights and privileges of competitive class examination for which they are qualified.

Non-Competitve Minimum Qualifications:

Senior Attorney 1: Admission to the NYS bar and two years of post-licensure professional legal experience.

Assnt Attorney 1:Law School Graduation (or other eligibility to take the NYS Bar Examination)

Assnt Attorney 2: Admission to NYS Bar

Assnt Attorney 3: One year as Assistant Attorney 2 or admission to the NYS Bar and one year of subsequent professional legal experience.