N.Y. Comp. Codes R. & Regs. tit. 21, § 4215.8
(a) An administering corporation shall not approve a loan unless the following conditions are met:
(1) the administering corporation has determined that the loan applicant is an eligible business, based upon a diligent investigation which may include, without limitation:
(2) the project which the Loan applicant seeks to undertake is: