N.Y. Comp. Codes R. & Regs. tit. 5, § 70.3 – Eligibility for program assistance.

(a) The department may provide, within available appropriations, program assistance to an applicant which employs less than 500 workers or had gross annual sales of less than $10 million during the last fiscal year.
(b) In order to receive program assistance, an applicant must demonstrate that its proposed project was not commenced prior to the date of application to the department for program assistance.