N.Y. High. Law § 262
There shall be annually appropriated for the maintenance, repair, and reconstruction of improved state highways and state owned bridges thereon, an amount sufficient to provide therefor, based upon estimates by counties, prepared and submitted by the commissioner of transportation. In addition thereto there shall be appropriated each year for the same purposes an amount equal to not less than ten per centum of the amount appropriated for counties to be known as a maintenance contingent fund to be used by the commissioner of transportation in his discretion to supplement the amounts appropriated to each county for the maintenance, repair and reconstruction of state highways and state owned bridges thereon. Such appropriations shall be paid out of monies in the hands of the state department of taxation and finance not otherwise appropriated on vouchers approved by the commissioner of transportation after audit by and on the warrant of the state comptroller.
N.Y. High. Law § 262