2006 New York Code - Contracts; Certificate Of Comptroller.



 
    § 6-101 Contracts; certificate of comptroller. a. Any contract, except
  as  otherwise  provided  in this section, shall not be binding or of any
  force, unless the comptroller shall indorse  thereon  the  comptroller's
  certificate that there remains unexpended and unapplied a balance of the
  appropriation   or  fund  applicable  thereto,  sufficient  to  pay  the
  estimated expense of  executing  such  contract,  as  certified  by  the
  officer making the same.
    b.  In  contracts  for  the  purchase  of food supplies, forage, fuel,
  printing, stationery, books and other supplies  required  for  daily  or
  continuous  use,  or of supplies, materials and equipment needed for use
  immediately after the beginning of the next succeeding fiscal  year,  to
  be  delivered  within  a  period  of one year from the date thereof, the
  comptroller shall indorse thereon  the  comptroller's  certificate  that
  there remains unexpended and unapplied a balance of the appropriation or
  fund  applicable  thereto,  sufficient  to  pay the estimated expense of
  executing such contract in so far as the same is to be  executed  during
  the  current  fiscal  year, as certified by the officer making the same.
  Upon the first of  the  following  fiscal  year  the  comptroller  shall
  certify  by  indorsement  upon  such  contract as to the portion of such
  contract then unexecuted, and  such  certification  by  the  comptroller
  shall make any such contract binding and of full force.
    c.  It  shall  be the duty of the comptroller to make such indorsement
  upon every contract so  presented  to  him  or  her,  if  there  remains
  unapplied  and  unexpended the amount so specified by the officer making
  the contract, and thereafter to hold and retain  such  sum  to  pay  the
  expense  incurred  until  such  contract  shall be fully performed. Such
  indorsement shall be sufficient evidence of such appropriation  or  fund
  in any action.
    d.  The  provisions  of  this  section  shall  not  apply to supplies,
  materials and equipment purchased directly by  any  agency  pursuant  to
  subdivisions  (c)  and  (d)  of  section three hundred forty-four of the
  charter.

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