N.Y. Comp. Codes R. & Regs. tit. 2 § 1.5
No expenditure can be made from moneys received by or in behalf of the State and which are not appropriated by the Legislature until a schedule of positions and the salaries thereof, or rate of compensation where the position is not salaried, and of the amounts to be available for expense of other maintenance and operation, shall have been submitted by the agency affected to the director of the budget and his certificate of approval filed with the chairman of the Senate Finance Committee, the chairman of the Assembly Ways and Means Committee and the State Comptroller. However, this rule shall not apply to amounts expended by the Banking Department or the Insurance Department in the liquidation or rehabilitation of moneyed corporations or private bankers. (State Finance Law, §53.)
N.Y. Comp. Codes R. & Regs. Tit. 2 § 1.5