N.Y. Comp. Codes R. & Regs. tit. 18, § 801.9
(c) to the Federal government; to any State agency or its instrumentalities; to any duly constituted unit of local government including, but not limited to, counties, cities, towns, villages, school districts, special districts, or any of their related instrumentalities; to any other public authority or public benefit corporation; or to its employees when acting in, or incidental to, their public employment capacity.
In addition, the provisions of this Part do not apply in situations where the corporation exercises a legally authorized setoff against all or part of a payment due a contractor.
The provisions of this Part do not apply to payments due and owing by the corporation: