2023 New York Laws › TAX - Tax › Article 12 - Tax on Transfers of Stock and Other Corporate Certificates › 280 - Refund of Tax Erroneously Paid.

§ 280.  Refund  of  tax erroneously paid. If any stamp or stamps shall
  have been erroneously affixed to  any  book,  certificate,  or  bill  or
  memorandum  of  sale,  or  if  any tax provided by this article shall be
  erroneously paid otherwise than by the use of a stamp or stamps, the tax
  commission may, upon presentation of a claim  for  the  amount  of  such
  stamp   or   stamps,  or  tax,  and  upon  the  production  of  evidence
  satisfactory to it that such stamp or stamps was or were so  erroneously
  affixed, or such tax was so erroneously paid, so as to cause loss to the
  person  or  persons  making  such  claim,  pay  such amount or such part
  thereof as it may allow, to such claimant out of  any  moneys  collected
  under this article. Provided, however, that where such erroneous payment
  was  made otherwise than by the use of stamps pursuant to the provisions
  of section two hundred eighty-one-a hereof, and resulted from payment of
  tax in excess of the amount due under subdivision  two  of  section  two
  hundred seventy-a of this chapter in lieu of the presentation of a claim
  for  refund  an adjustment for such erroneous payment may be made on the
  written report required to be made to the exchange, affiliated  clearing
  corporation  or  authorized  agency if such adjustment is made on such a
  written  report  filed  within  thirty  business  days  following   such
  erroneous payment, in such form and with such substantiating evidence as
  the  tax  commission may prescribe and provided further that at the time
  of  the  making  of  such  adjustment  the  person,  firm,  company   or
  association  making such report has either paid to the person or persons
  erroneously charged with such tax the amount of such overpayment or  has
  applied  such  amount  in  reduction  of any amount owing to it from the
  person or persons so charged. Any claim for refund shall be presented to
  the tax commission in writing, duly verified, and shall state  the  full
  name  and  address of the claimant, the date of such erroneous affixing,
  or other payment of the tax, the face value of such stamp or stamps,  or
  the amount of such tax, as the case may be, and contain such evidence as
  may  be available upon which the demand for such refund is based. If the
  claim is based on the erroneous affixing of a stamp or stamps the  claim
  shall describe the instrument to which the stamp or stamps were affixed.
  Such  claims  shall  be  presented within two years after such erroneous
  affixing or payment, as the case may be, except if  an  agreement  under
  the  provisions  of  section  two  hundred seventy-nine-a (extending the
  period for determination of tax imposed by this article) is made  within
  the two-year period for the filing of a claim for refund provided for in
  this  section, the period for filing a claim for refund shall not expire
  prior to six months after the expiration of the period  within  which  a
  determination  may  be  made  pursuant to the agreement or any extension
  thereof. The tax commission shall grant or deny such claim in  whole  or
  in part and shall notify the claimant by mail of its determination. Such
  determination  shall  be final and irrevocable unless the claimant shall
  within thirty days after the mailing of  notice  of  such  determination
  apply  to  the  tax commission for a hearing. After such hearing the tax
  commission shall mail notice  of  its  decision  to  the  claimant.  The
  decision   of   the   tax  commission  may  be  reviewed  under  article
  seventy-eight of the civil practice law and rules if a proceeding  under
  that  article  is  commenced within ninety days after the mailing of the
  notice of such decision. However, such a proceeding may not be commenced
  unless an undertaking is filed with the tax commission  in  such  amount
  and  with  such sureties as a justice of the supreme court shall approve
  to the effect that if  the  proceeding  be  dismissed  or  the  decision
  confirmed the petitioner will pay all costs and charges which may accrue
  against him in the prosecution of the proceeding. The remedy provided by
  this  section  for review of the decision of the tax commission shall be

  the exclusive remedy available to judicially determine the liability for
  taxes under this article.