N.Y. Comp. Codes R. & Regs. tit. 20, § 3-8.9
A taxpayer claiming a credit or refund of franchise tax paid under article 9-A for a year to which a net operating loss is carried back as a deduction must file an amended return for the tax year for which a credit or refund is claimed within the period of limitations on credit or refund pursuant to section 1087 of the Tax Law.