N.Y. Comp. Codes R. & Regs. tit. 3, Sup. Pol. G § 6.2 – Competing applications.

(a) If applications are filed by two or more institutions for new branches in the same area and, in the judgment of the superintendent, approval of only one branch is warranted, particular consideration will be given to the following factors:
1. (1) which of the institutions is best able, in terms of capital and management strength, to support an additional office;
2. (2) the effects of approval on competition and public choice among banking institutions in the area;
3. (3) the effects of approval on the competitive banking structure on a citywide or countywide basis;
4. (4) the performance of the institution pursuant to the standards set forth in General Regulation Part 76; and
5. (5) any other factors which may be of particular relevance in a given situation.
(b) In no event will the date of filing of the application be the sole factor in deciding which of the competing branch applications is approved.