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New York Consolidated Laws

N.Y. Town Law § 107 (2026)

Contents of preliminary budget

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 107. Contents of preliminary budget.  1. The preliminary budget
shall be in the format prescribed by the state comptroller. The
preliminary budget shall show by funds (a) proposed appropriations and
estimated revenues in accordance with the classification of accounts
prescribed by the state comptroller pursuant to article three of the
general municipal law, (b) estimated fund balances, together with a
breakdown of such fund balance estimated for encumbrances, amounts
appropriated for the ensuing fiscal year's budget, amounts reserved for
stated purposes pursuant to law, including reserve funds established
pursuant to the general municipal law, and the remaining estimated
unappropriated unreserved fund balance for each fund, provided that the
remaining estimated unappropriated unreserved fund balance for each fund
shall not exceed a reasonable amount, consistent with prudent budgeting
practices, necessary to ensure the orderly operation of town government,
taking into account factors including, but not limited to, the size of
the fund, cash flows, the certainty with which the amounts of revenues
and expenditures can be estimated, and the town's experience in prior
fiscal years, (c) the amount of taxes to be levied, (d) salaries of
elected officers, and (e) such other information pertinent to the above
as shall be prescribed by the state comptroller.
  2. Such budget may contain for general contingent purposes, an amount
not to exceed ten per centum of the total amount estimated as necessary
to provide for the operation of town government exclusive of the amount
necessary to pay debt service and judgments, estimates for special
district purposes, estimates for the repair and improvement of highways
and estimates for purposes for which real property taxes are required to
be levied on an area less than the entire town. A sum also be included
for special contingent purposes, which amount shall not exceed ten per
centum of the total amount estimated as necessary to provide for the
operation of town government and for which real property taxes are
required to be levied on the area of the town outside villages,
exclusive of the amount required to pay debt service, judgments and
estimates for special district purposes and for the repair and
improvement of highways.
  3. Amounts to be raised by tax for highway purposes shall be within
the limitations of section two hundred seventy-one of the highway law.
  4. The preliminary budget shall include any other data which the town
board may, by resolution, require.
Notes of Decisions
Cited in 5 cases, 1988–2018 · leading case: Korn v. Gulotta, 72 N.Y.2d 363 (1988).
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Korn v. Gulotta, 72 N.Y.2d 363 (1988). · cites it 3× “The governing statute in this case is the Nassau County Charter enacted by the State Legislature in 1936 and which contains provisions essentially the same as those found in the laws governing other municipalities (see, County Law § 355 [1] [g]; Town Law § 107 [1] [b]; Village…”
Albany Area Builders Ass'n v. Town of Guilderland, 546 N.E.2d 920 (N.Y. 1989). · cites it 2× “, Town Law §§ 107, 108 and 109 [requiring preparation and disclosure of preliminary and final budgets and public hearings]).”
Albany Area Builders Ass'n v. Town of Guilderland, 141 A.D.2d 293 (N.Y. App. Div. 3d Dep't 1988). “The Town Law also contains provisions addressing improvements that benefit specific property owners.”
Salvador v. Town of Queensbury, 162 A.D.3d 1359 (N.Y. App. Div. 3d Dep't 2018). “Initially, contrary to plaintiff's assertions, neither the enabling statute nor the Town Law require Queensbury to specifically itemize in its annual budget the amount that it will levy to satisfy its share of the library district's annual expenditures [*3]( see L 1992, ch 456;…”
Cioci v. Mondello, 153 Misc. 2d 312 (N.Y. Sup. Ct. 1992). “"The governing statute in this case is the Nassau County Charter enacted by the State Legislature in 1936 and which contains provisions essentially the same as those found in the laws governing other municipalities (see, County Law § 355 [1] [g]; Town Law §107 [1] [b]; Village…”
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