N.Y. Tax Law § 3004-a: Disclosure of overpayment to taxpayer

§ 3004-a. Disclosure of overpayment to taxpayer. (a) The department

shall disclose to a taxpayer all instances of overpayment of tax by such

taxpayer discovered by the department during the course of an audit,

assessment, collection or enforcement proceeding.

(b) The time within which a taxpayer may apply for a refund or claim a

credit for an overpayment of tax disclosed pursuant to this section

shall be one hundred twenty days from the date that notice of disclosure

is given to such taxpayer by the department. Failure to apply for a

refund or credit within the one hundred twenty days shall result in the

loss of the right to apply for a refund or credit. Provided, that this

subdivision shall not reduce the time within which a taxpayer may claim

a credit or refund of an overpayment of tax pursuant to any other

provision of this chapter or any other applicable law.

(c) Nothing in this section shall be construed as requiring or

permitting the giving of notice or the payment of a refund or granting

of a credit with respect to a period which, at the time such overpayment

is discovered by the department, is not open for assessment or refund by

virtue of any period of limitations provided for in any tax.