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This entry was published on 2014-09-22
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SECTION 228
Payment of state aid
Highway (HAY) CHAPTER 25, ARTICLE 8-A
§ 228. Payment of state aid. 1. The county superintendent shall notify
the commissioner when work has been commenced on an approved project. As
work progresses on a project according to approved plans and
specifications, a town may request the state aid in relation thereto to
be paid in installments or it may request such aid to be paid after a
project has been completed.

2. Claims for such aid shall be made on forms prepared and furnished
by the commissioner. They shall be executed in the name of the town by
the town superintendent or, where such work is done pursuant to a
contract with the county or with an independent contractor, the town
board may authorize the town supervisor to execute such claims instead
of the town superintendent. Such claims, when approved by the county
superintendent, shall be filed with the commissioner. The commissioner
shall examine such claims and shall certify to the state comptroller
within thirty days of the receipt of such claims the amounts which the
state should pay thereon to the supervisor of the town. If any such
claim or any portion thereof be disapproved, the commissioner shall
immediately notify the town board, the board of supervisors and county
superintendent of such action. Any such claim must be filed with the
commissioner in the year for which the project was approved or not later
than the thirty-first day of January in the calendar year succeeding
that for which the project was approved except where work has been
deferred with the approval of the commissioner for completion during the
following construction season. The commissioner shall not otherwise
certify payment of the final installment of state aid for any project
unless the work thereon has been completed according to approved plans
but all other installments may be paid with the final installment
allocated to stabilization and surfacing materials deferred until so
completed.

3. In the final adjustment of any claim, if it is determined that a
town has been paid an amount in excess of that permitted under this
article, the state comptroller shall withhold an equivalent amount from
any state aid payable to the town pursuant to sections two hundred
seventy-nine and two hundred eighty of the highway law.