N.Y. GCM Law § 134

§ 134. Overpayment. (a) General.--The director of finance, within the\napplicable period of limitations, may credit an overpayment of income\ntax and interest on such overpayment against any liability in respect of\nany tax imposed by this title or by titles on the person who made the\noverpayment, and the balance shall be refunded.\n (b) Credits against estimated tax.--The director of finance may\nprescribe regulations providing for the crediting against the estimated\nincome tax for any taxable year of the amount determined to be an\noverpayment of the income tax for a preceding taxable year. If any\noverpayment of income tax is so claimed as a credit against estimated\ntax for the succeeding taxable year, such amount shall be considered as\na payment of the income tax for the succeeding taxable year (whether or\nnot claimed as a credit in the declaration of estimated tax for such\nsucceeding taxable year), and no claim for credit or refund of such\noverpayment shall be allowed for the taxable year for which the\noverpayment arises.\n (c) Rule where no tax liability.--If there is no tax liability for a\nperiod in respect of which an amount is paid as income tax, such amount\nshall be considered an overpayment.\n (d) Assessment and collection after limitation period.--If any amount\nof income tax is assessed or collected after the expiration of the\nperiod of limitations properly applicable thereto, such amount shall be\nconsidered an overpayment.\n