N.Y. Highway Law § 228: Payment of state aid

§ 228. Payment of state aid. 1. The county superintendent shall notify

the commissioner when work has been commenced on an approved project. As

work progresses on a project according to approved plans and

specifications, a town may request the state aid in relation thereto to

be paid in installments or it may request such aid to be paid after a

project has been completed.

2. Claims for such aid shall be made on forms prepared and furnished

by the commissioner. They shall be executed in the name of the town by

the town superintendent or, where such work is done pursuant to a

contract with the county or with an independent contractor, the town

board may authorize the town supervisor to execute such claims instead

of the town superintendent. Such claims, when approved by the county

superintendent, shall be filed with the commissioner. The commissioner

shall examine such claims and shall certify to the state comptroller

within thirty days of the receipt of such claims the amounts which the

state should pay thereon to the supervisor of the town. If any such

claim or any portion thereof be disapproved, the commissioner shall

immediately notify the town board, the board of supervisors and county

superintendent of such action. Any such claim must be filed with the

commissioner in the year for which the project was approved or not later

than the thirty-first day of January in the calendar year succeeding

that for which the project was approved except where work has been

deferred with the approval of the commissioner for completion during the

following construction season. The commissioner shall not otherwise

certify payment of the final installment of state aid for any project

unless the work thereon has been completed according to approved plans

but all other installments may be paid with the final installment

allocated to stabilization and surfacing materials deferred until so

completed.

3. In the final adjustment of any claim, if it is determined that a

town has been paid an amount in excess of that permitted under this

article, the state comptroller shall withhold an equivalent amount from

any state aid payable to the town pursuant to sections two hundred

seventy-nine and two hundred eighty of the highway law.