N.Y. Comp. Codes R. & Regs. tit. 16, § 561.7
It is the intent that net income shall reflect all items of profit and loss during the period with the sole exception of prior period adjustments as described in section 561.8. Those items related to the effects of events and transactions which have occurred during the current period and which are not typical or customary business activities of the company shall be considered extraordinary items. Accordingly, they will be events and transactions of significant effect which would not be expected to recur frequently and which would not be considered as recurring factors in any evaluation of the ordinary operating processes of business. (In determining significance, items of a similar nature should be considered in the aggregate. Dissimilar items should be considered individually; however, if they are few in number, they may be considered in the aggregate.) To be considered as extraordinary under the above guidelines, an item should be more than approximately five percent of income, computed before extraordinary items. Commission approval must be obtained to treat an item of less than five percent, as extraordinary. (See accounts 434, Extraordinary Income, and 435, Extraordinary Deductions.)