N.Y. Comp. Codes R. & Regs. Tit. 2 § 131.2 - Notice of determination of erroneous payment
(a)
When the comptroller determines that a claim previously approved and paid was
approved and paid erroneously, in whole or in part, due to misrepresentation,
fraud or mistake, the comptroller shall issue a determination in writing to
that effect together with a demand for repayment. The comptroller shall also
advise the claimant/payee that he or she may within four months of such
determination request a hearing and redetermination and provide information as
to whom such request is to be sent.
(b) If the claimant/payee does not, within
four months of the issuance of a notice pursuant to subdivision (a) of this
section, either make payment in full or request a hearing and redetermination,
then the determination that an erroneous payment was made shall be final, and
the comptroller may take any lawful action, including but not limited to
recovery through the State Wide Offset Program pursuant to sections 171-d and
171-f of the New York Tax Law.
Notes
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