N.Y. Comp. Codes R. & Regs. tit. 20, § 4-7.4
Tax Law, § 210(8)
Where it appears to the commissioner that the investment allocation percentage does not properly reflect the investment activity, business, income or capital of the taxpayer within New York State, the commissioner, in his or her discretion, may adjust such investment allocation percentage by excluding any asset therefrom, provided the income from such asset is also excluded in determining entire net income or minimum taxable income.