N.Y. Public Authorities Law § 2436: State aid guarantee

§ 2436. State aid guarantee. 1. In the event that a municipality fails

to make any payment of principal or interest on its municipal bonds, the

chairman of the agency shall certify to the comptroller that the

municipality has failed to meet its obligations. Such certificate shall

be in such form as the agency deems desirable, but shall include the

exact amount of interest and principal required to satisfy the

municipality's obligations to the agency.

2. The comptroller, upon receipt of such certificate from the agency,

shall withhold from the municipality any state aid payable to such

municipality to the extent necessary to meet the certified amount of

interest or principal and shall immediately pay over to the agency the

amount so withheld.

3. Pending payment to the agency from the comptroller of any such

state aid withheld from a municipality, the agency shall, if payments of

interest or principal are due on the agency's bonds, withdraw an amount

sufficient to meet such amounts withheld from a municipality from the

debt service reserve fund securing such bonds. Any such amount withdrawn

from such debt service reserve fund shall be paid into such debt service

reserve fund upon receipt by the agency from the comptroller of any

state aid withheld. Any amount so paid to the agency from such state aid

shall not obligate the state to make, nor entitle the municipality to

receive, any additional amounts of state aid.

4. In the event that a special program municipality shall fail to make

a payment in such amount (as calculated in accordance with the special

program agreement to which such municipality shall be a party) and by

such date as is provided to be made by such municipality in its special

program agreement, the chairman of the agency shall so certify to the

comptroller. Such certificate shall be in such form as the agency deems

desirable, but shall specify the amount by which such payment shall have

been deficient. The comptroller, upon receipt of such certificate from

the agency, shall withhold from such special program municipality any

state aid payable to such municipality to the extent of the amount so

stated in such certificate as not having been made, and shall

immediately pay over to the agency the amount so withheld; provided,

however, that in the case of a special program agreement entered into

for the purpose described in paragraph (b) or (c) or (d) or (e) of

subdivision one of section twenty-four hundred thirty-five-a of this

title, the comptroller shall be authorized to withhold from the special

program municipality such school aid as is payable to the city school

district of the special program municipality, to the extent of the

amount so stated in such certificate as not having been made, and shall

immediately pay over to the agency the amount so withheld. Any amount so

paid to the agency from such state and/or school aid shall not obligate

the state to make, nor entitle the special program municipality to

receive, any additional amounts of state and/or school aid. Nothing

contained therein shall be deemed to prevent the state from modifying,

reducing or eliminating any program or programs of state and/or school

aid; nor shall the state be obligated by the terms hereof to maintain

state and/or school aid at any particular level or amount.

5. In the event that a special school deficit program district shall

fail to make a payment in such amount (as calculated in accordance with

the special school deficit program agreement to which such school

district shall be a party) and by such date as is provided to be made by

such school district in its special school deficit program agreement,

the chairman of the agency shall so certify to the comptroller, with a

copy to the commissioner of education. Such certificate shall be in such

form as the agency deems desirable, but shall specify the amount by

which such payment shall have been deficient. The comptroller, upon

receipt of such certificate from the agency, shall withhold from such

special school deficit program district any school aid payable to such

special school deficit program district to the extent of the amount so

stated in such certificate as not having been made, and shall

immediately pay over to the agency the amount so withheld. Any amount so

paid to the agency from such school aid shall not obligate the state to

make, nor entitle the special school deficit program district to

receive, any additional amounts of school aid. Nothing contained therein

shall be deemed to prevent the state from modifying, reducing or

eliminating any program or programs of school aid; nor shall the state

be obligated by the terms hereof to maintain school aid at any

particular level or amount.