Then you really need to go back to that tax preparer and have him/her make it right.
If you read the NYS rule carefully, it says:
You must have filed a return for 2017 and it must have been for a full 12-month year.
But you did not file a 2017 return, so you can't use the "lesser of" provision.
This is one reason that folks with zero income sometimes file a tax return that shows only $1 of interest on it. That way, it's recorded, and lessens the chance of an Identity Thief filing a return with your SSN.
