N.Y. Comp. Codes R. & Regs. tit. 3 § 73.1
A banking organization may conduct a banking business at electronic facilities that are either established (i.e., owned or rented by a single organization) or shared, on a transaction fee or similar basis, by such banking organization, subject to the provisions of this Part. Such facilities are not branches but are subject to the limitations contained in sections 28-b and 105 (1)(ii), 240 (2)(b) or 396 (2)(b) of the Banking Law, as the case may be, as if they were branches. In addition to the requirements of this Part, automated teller machines must comply with the security measures and reporting requirements set forth in article II-AA of the New York Banking Law and Part 301 of the Superintendent's regulations.
N.Y. Comp. Codes R. & Regs. Tit. 3 § 73.1