New York has not opted out of the federal exemptions.
“Notwithstanding any inconsistent provision of law, an
individual debtor may opt to exempt from property of the estate
such property as is permitted to be exempted pursuant to
section five hundred twenty-two of title eleven of the United
States Code in lieu of such property as is permitted to be
exempted pursuant to the applicable provisions of this article.”
N.Y.Debt. & Cred. Law .§ 285. So, if it is the applicable state
(as determined by the method stated on the home page of this
site), the federal exemptions may be used regardless of
whether the debtor is or is not a resident of this state on the
date of filing bankruptcy.
The following case concludes correctly that a debtor who is not
a resident of New York may use the federal exemptions, but
the case relies incorrectly on the saving provision. In re
Crandall, 2006 WL 2051367 (Bankr.M.D.Fla.2006) (because
debtor was not domiciled in New York on the date of filing, and
its exemptions were limited to domiciliaries, debtor was eligible
for federal exemptions under the saving provision).