N.Y. Comp. Codes R. & Regs. tit. 20, § 1-2.6
The term partnership shall have the same meaning as set forth in section 761(a) of the Internal Revenue Code and 26 CFR section 1.761-1(a) whether or not the election provided for therein has been made. Also, the term partnership does not include a corporation within the meaning of section 1-2.5(b) of this Subpart.