§ 428. Refunds. 1. Any fee paid for the registration of a vehicle
under the provisions of this chapter shall be refunded, less the sum of
one dollar, provided that the commissioner and the state comptroller are
satisfied that the registration has not been used and the number plates
and sticker have been surrendered to the commissioner within two months
after the date the fee was paid or the beginning of the registration
period for which the registration was issued, whichever comes later and
application therefor is filed with the commissioner within the period of
validity for which such registration was issued.

1-a. Notwithstanding the provisions of subdivision one of this
section, if a registration is issued for a period of not less than two
years pursuant to paragraph c of subdivision five of section four
hundred one of this chapter, the registration fee paid for the period
commencing after the first twelve month period of such registration
shall be refunded less the sum of one dollar provided the number plates
are surrendered to the commissioner before the end of the first twelve
month period of such registration and application therefor is filed with
the commissioner within two months from the expiration of the first
twelve month period of such registration.

1-b. The commissioner is directed to make public notification that
registration fees shall be refunded and to send by first class mail a
written notice and an application for refund of any registration fees to
any person entitled to a registration fee refund according to
subdivision one-a of this section that has been unable to obtain a
registration fee refund during the period commencing September first,
nineteen hundred ninety-seven and ending June thirtieth, nineteen
hundred ninety-eight. Such written notice shall advise such person that
a registration fee shall be refunded after an application for refund is
filed with the commissioner. Such public notification shall be made
through such newspapers throughout all regions of the state as may be
designated by the commissioner.

No application for a refund of registration fees shall be denied
because of the failure to file an application therefor within two months
of the expiration date of the first twelve month period of such
registration if such registration was surrendered between September
first, nineteen hundred ninety-seven and June thirtieth, nineteen
hundred ninety-eight and the applicant therefor has not received credit
for such registration fees pursuant to section four hundred twenty of
the vehicle and traffic law.

2. Upon the surrender to the commissioner of the number plates or
plate issued for a vehicle registered under the provisions of this
chapter and the furnishing of proof satisfactory to the commissioner and
the state comptroller that the owner of the vehicle entered the armed
forces of the United States after such vehicle was registered, and that
the registration of such vehicle is in full effect, there shall be
refunded to such owner, or to such person as he shall designate in
writing, a sum equal to as many twelfths of the fee paid for the
registration of the vehicle as there are full calendar months in the
registration year following the date of the receipt of the number plates
or plate, less the sum of one dollar.

3. Where a refund of any part of a registration fee is made pursuant
to the foregoing provisions of this section, the registration shall
thereupon be automatically cancelled.

4. The application fee accompanying an accepted application for a
driver's license shall in no case be refunded.

5. Money paid for fees in excess of the amounts required by law may be
refunded subject to approval of the commissioner and the state
comptroller, provided application therefor is filed with the
commissioner within one year after the date the fee was paid or, with
respect to fees paid for a registration, on or before the expiration of
the registration for which such fee was paid, whichever occurs later.