N.Y. SOS Law § 410-A

§ 410-a. Day care; when department to furnish. Any inconsistent\nprovision of law notwithstanding, if and so long as federal funds are\navailable for the care provided pursuant to the provisions of this\nsection, and to the extent of such funds and state funds appropriated or\nmade available therefor, the department shall be authorized to provide\nday care, through appropriate arrangements and cooperative agreements\nwith the state departments of education and agriculture and markets,\napproved by the director of the budget, in public schools operated by\nschool districts and in facilities operated by or for the state\ndepartment of agriculture and markets for children who are receiving\nfamily assistance or who are former or potential recipients of such\naid in accordance with the regulations of the department, including only\nsuch children who are in pre-kindergarten programs of such schools or\nwho are children of migrant workers.\n