New York Laws
Article 5 - Department of Law
63 - General Duties.

(b) Paragraph (a) of this subdivision shall not apply to any provision
in the resolution of a claim or cause of action providing (1) moneys to
be distributed to the federal government, to a local government, or to
any holder of a bond or other debt instrument issued by the state, any
public authority, or any public benefit corporation; (2) moneys to be
distributed solely or exclusively as a payment of damages or restitution
to individuals or entities that were specifically injured or harmed by
the defendant's or settling party's conduct and that are identified in,
or can be identified by the terms of, the relevant judgment,
stipulation, decree, agreement to settle, assurance of discontinuance,
or relevant instrument resolving the claim or cause of action; (3)
moneys recovered or obtained by the attorney general where application
of paragraph (a) of this subdivision is prohibited by federal law, rule,
or regulation, or would result in the reduction or loss of federal funds
or eligibility for federal benefits pursuant to federal law, rule, or
regulation; (4) moneys recovered or obtained by or on behalf of a public
authority, a public benefit corporation, the department of taxation and
finance, the workers' compensation board, the New York state higher
education services corporation, the tobacco settlement financing
corporation, a state or local retirement system, an employee health
benefit program administered by the New York state department of civil
service, the Title IV-D child support fund, the lottery prize fund, the
abandoned property fund, or an endowment of the state university of New
York or any unit thereof or any state agency, provided that all of the
moneys received or recovered are immediately transferred to the relevant
public authority, public benefit corporation, department, fund, program,
or endowment; (5) moneys to be refunded to an individual or entity as
(i) an overpayment of a tax, fine, penalty, fee, insurance premium, loan
payment, charge or surcharge; (ii) a return of seized assets; or (iii) a
payment made in error; (6) moneys to be used to prevent, abate, restore,
mitigate or control any identifiable instance of prior or ongoing water,
land or air pollution; and/or (7) state moneys received as part of any
statewide opioid settlement agreements as defined in section 25.18 of
the mental hygiene law, to be spent on eligible expenditures as defined
in section 25.18 of the mental hygiene law.
(c) Where an agreed judgment, stipulation, decree, agreement to
settle, assurance of discontinuance or other legal instrument resolves
(1) any claim or any cause of action asserted by a state agency or a
state official or employee acting in their official capacity and (2) any
claim or cause of action asserted by one or more foreign jurisdictions
or third parties, paragraph (a) of this subdivision shall only apply to
the resolution of the claim or cause of action asserted by the state
agency, official, or employee.