N.Y. Comp. Codes R. & Regs. tit. 10, § 60-2.1
(b) The list contains drug products, identified by manufacturers, each of which has been certified or approved by the commissioner of the Federal Food and Drug Administration as being safe and effective for its labeled indications for use and bioequivalent where bioequivalence is a real or potential issue, and are considered therapeutically equivalent provided they are:
(c) Unless otherwise specifically noted on such drug list, therapeutic equivalence applies only to pharmaceutically equivalent drug products involving the same:
(d) Different brands of the following dosage forms are not considered pharmaceutically equivalent: