2006 New York Code - Overpayment.

 
    §  11-677 Overpayment. 1. General. The commissioner of finance, within
  the applicable period of limitations, may credit an overpayment  of  tax
  and interest on such overpayment against any liability in respect of any
  tax  imposed  by  any of the named subchapters of this chapter or on the
  taxpayer who made the overpayment, and the balance shall be refunded out
  of the proceeds of the tax.
    2. Credits against estimated tax.  The  commissioner  of  finance  may
  prescribe  regulations providing for the crediting against the estimated
  tax under subchapter two or three of this chapter for any  taxable  year
  of  the  amount  determined  to  be an overpayment of tax under any such
  subchapter for a preceding taxable year. If any overpayment of tax is so
  claimed as a credit against estimated tax  for  the  succeeding  taxable
  year,  such  amount  shall  be  considered as a payment of the tax under
  subchapter two or three of this chapter for the succeeding taxable  year
  (whether  or not claimed as a credit in the declaration of estimated tax
  for such succeeding taxable year), and no claim for credit or refund  of
  such  overpayment  shall  be  allowed for the taxable year for which the
  overpayment arises.
    3. Rule where no tax liability. If there is no  tax  liability  for  a
  period  in  respect of which an amount is paid as tax, such amount shall
  be considered an overpayment.
    4. Assessment and collection after limitation period. If any amount of
  tax is assessed or collected after  the  expiration  of  the  period  of
  limitations properly applicable thereto, such amount shall be considered
  an overpayment.
    5. Assignment of overpayment. A credit for an overpayment of tax under
  any  of  the  named  subchapters  may  be  assigned by the taxpayer to a
  corporation liable to pay taxes under any of the named subchapters,  and
  the  assignee  of  the  whole or any part of such credit, on filing such
  assignment with the commissioner of finance, shall thereupon be entitled
  to credit upon the books of the commissioner of finance for  the  amount
  thereof  on its current account for taxes, in the same manner and to the
  same effect as though the credit had  originally  been  allowed  in  its
  favor.
    6.  Notwithstanding  article  fifty-two  of the civil practice law and
  rules or any other provision of law to the contrary, the procedures  for
  the  enforcement of money judgments shall not apply to the department of
  finance, or to  any  officer  or  employee  of  such  department,  as  a
  garnishee,  with  respect  to  any  amount  of  money  to be refunded or
  credited to a taxpayer under this chapter.