N.Y. EPT Law § 11-A-4.8

§ 11-A-4.8 Insubstantial allocations not required\n If a trustee determines that an allocation between principal and\nincome required by 11-A-4.9, 11-A-4.10, 11-A-4.11, 11-A-4.12, or\n11-A-4.15 is insubstantial, the trustee may allocate the entire amount\nto principal unless one of the circumstances described in subparagraph\n11-2.3 (b)(5) applies to the allocation. This power may be exercised by\na cotrustee in the circumstances described in subparagraph 11-2.3 (b)(5)\nand may be released for the reasons and in the manner described in that\nsection. An allocation is presumed to be insubstantial if:\n (1) the amount of the allocation would increase or decrease net income\nin an accounting period, as determined before the allocation, by less\nthan ten percent; or\n (2) the value of the asset producing the receipt for which the\nallocation would be made is less than ten percent of the total value of\nthe trust's assets at the beginning of the accounting period.\n