N.Y. Soc. Serv. Law § 410-A
Any inconsistent provision of law notwithstanding, if and so long as federal funds are available for the care provided pursuant to the provisions of this section, and to the extent of such funds and state funds appropriated or made available therefor, the department shall be authorized to provide day care, through appropriate arrangements and cooperative agreements with the state departments of education and agriculture and markets, approved by the director of the budget, in public schools operated by school districts and in facilities operated by or for the state department of agriculture and markets for children who are receiving family assistance or who are former or potential recipients of such aid in accordance with the regulations of the department, including only such children who are in pre-kindergarten programs of such schools or who are children of migrant workers.
N.Y. Soc. Serv. Law § 410-A