New York Contracts; Certificate Of Comptroller.
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§ 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.