N.Y. Comp. Codes R. & Regs. tit. 14, § 620.6
(b) Excluding community residences in all instances, substantial review projects include one or more of the following:
(3) unless all involved planning bodies concur that the project should proceed and agree to waive the substantial review process, the process shall also apply to any administrative review project which, subsequent to the issuance of the original certification of need, but prior to issuance of an operating certificate: