N.Y. Nav. Law § 189

§ 189. Awards exceeding current balance. In the event that the total\nawards for a specific occurrence exceed the current balance of the fund,\nthe immediate award shall be paid on a prorated basis, and all claimants\npaid on a prorated basis shall be paid as determined by the\nadministrator, a pro rata share of all moneys received by the fund until\nthe total amount of the proven damages is paid to the claimant or\nclaimants. The administrator may also provide through regulation to fix\nthe priority for the payment of claims based on extreme hardship.\n