N.Y. Comp. Codes R. & Regs. tit. 9 § 5301.3
An applicant to develop and operate a gaming facility in the State of New York shall pay the application fee, as required by Racing, Pari-Mutuel Wagering and Breeding Law section 1316(8), by electronic fund transfer as the commission may direct. An applicant shall submit this fee on a date established by the commission, which date shall be posted on the commission's website as well as included in the schedule provided in the application to develop and operate a gaming facility in the State of New York. The application fee shall be non-refundable, except that the unexpended portion of the fee shall be returned to an applicant, minus any reasonable processing or investigative costs the commission has incurred, including personnel cost, overhead and administrative expense.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 5301.3