N.Y. Comp. Codes R. & Regs. tit. 5, § 102.2
(b) In applying for credits for retained jobs, it shall be the burden of the applicant to demonstrate, to the satisfaction of the board, in a sworn written statement that the investment for which credit is sought is reasonably necessary:
(c) In consideration of the nature of the job incentive program as an incentive measure, the board shall not consider the granting of credit for jobs retained if the application for a certificate of eligibility before the board is received after the start of a project. For purposes of this section, a project shall be deemed to start on the earliest of the following dates: