N.Y. State Finance Law § 51: Interchange of appropriations or items therein

§ 51. Interchange of appropriations or items therein. No appropriation

shall be increased or decreased by transfer or otherwise except as

provided for in this section or section fifty-three, sixty-six-f,

seventy-two or ninety-three of this chapter, or article eight of the

education law. Whenever an appropriation is made from a fund to a

department or agency and is accompanied by a schedule showing the

programs or purposes for which such appropriation may be expended, the

amount appropriated for any item or items within any program or purpose

for such department or agency may be increased or decreased by

interchange with amounts appropriated from such fund for any other item

or items within the same program or purpose, or with other items

appropriated from such fund not in the same program or purpose but which

are contained in the state comptroller's classification of items as last

promulgated, with the approval of the director of the budget, who shall

file such approval with the office of the state comptroller and copies

thereof with the senate finance committee and the assembly ways and

means committee. The amounts appropriated to a department or agency from

a particular fund in a fiscal year for the programs or purposes of such

department or agency may be interchanged among such programs or purposes

under the same conditions as heretofore described except that the total

amount appropriated for any program or purpose may not be increased or

decreased by more than the aggregate of five per cent of the first five

million dollars, four percent of the second five million dollars and

three per cent of amounts in excess of ten million dollars of an

appropriation for a program or purpose. The allocation of lump sum

appropriations from a fund made to a department or agency for later

distribution to programs or purposes or to the units of the state

university to the allocation of lump sum appropriations made to all

state departments and agencies for later allocation for specific

programs or purposes shall not be deemed to be part of such total

increase or decrease.