§ 179-p. Inapplicability of the provisions. The provisions of this article shall not apply to payments due and owing by the state:

Terms Used In N.Y. State Finance Law 179-P

  • Contractor: means any person, partnership, firm, corporation, or association:

    a. See N.Y. State Finance Law 179-E
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Set-off: means the reduction by the comptroller of a payment due to a contractor by an amount equal to the amount of an unpaid legally enforceable debt owed by the contractor to the state of New York. See N.Y. State Finance Law 179-E
  • State agency: means any department, board, bureau, commission, division, office, council, institution, or committee in the executive, legislative, or judicial branches of state government; the city university of New York when acting on behalf of any of its senior colleges; the facilities development corporation; or the state university construction fund. See N.Y. State Finance Law 179-E
  • State funds: means funds held in joint custody by the state comptroller and the state commissioner of taxation and finance. See N.Y. State Finance Law 179-E

1. under the eminent domain procedure law;

2. as interest allowed on judgments rendered by a court pursuant to any provision of law other than those provisions contained in this article;

3. to the federal government; to any state agency or its related instrumentalities; to any duly constituted unit of local government including, but not limited to, counties, cities, towns, villages, school districts, special districts, or any of their related instrumentalities; to any public authority or public benefit corporation; or to employees of state agencies when acting in, or incidental to, their public employment capacity;

4. to contractors of third party payment agreements including, but not limited to, the fiscal agent or fiscal intermediary designated pursuant to § 367-b of the social services law;

5. to entities which receive state funds through any intermediary organization other than a state agency; or

6. in situations where the comptroller exercises a legally authorized set-off against all or part of the payment due the contractor.