N.Y. EXC Law § 264

* § 264. Noncompliance with plan. 1. If at any time the office\ndetermines that a county plan is not being complied with, it shall\nnotify the advisory board through the chairperson and the state\ncommission of correction in writing of such fact, and it shall withhold\nany portion of state funds not theretofore allocated. Such notice shall\nstate the particular reasons for the determination and demand compliance\nwith the plan within sixty days of the notice, setting forth the\nspecific actions deemed necessary to secure compliance. If compliance is\nforthcoming the board and the state commission of correction shall be\nnotified of such fact in writing and any state funds heretofore withheld\nshall be released. If compliance with the plan is not fulfilled within\nsuch time or within a thirty day extension period as authorized herein,\nthe office shall notify the advisory board through the chairperson and\nthe state commission of correction. Upon such notification, the county\nshall be deemed in noncompliance with the approved plan and the\nprovisions of subdivision eight of section five hundred-b of the\ncorrection law shall be applied.\n An extension may be granted by the office for a thirty day period upon\na request by the board through the chairperson, where the office\ndetermines it to be appropriate, setting forth specific reasons for a\nneed for an extension and the steps which shall be undertaken to be in\ncompliance at the end of such period.\n Any notification by the office of non-compliance pursuant to this\nsection shall be deemed a final determination for purposes of judicial\nreview.\n 2. The advisory board, through its chairperson, may reapply for\ncontinuation of its approved plan or modified plan, provided it\ncertifies that it has complied with the specific actions deemed\nnecessary by the office to secure compliance. Within thirty days of\nreceipt of the application the office shall verify compliance with its\nnotice and notify the board and the state commission of correction of\nits decision.\n * NB Repealed September 1, 2027\n