N.Y. Comp. Codes R. & Regs. tit. 12 § 263.27
If the director of PEPR or hearing officer determines, as part of the investigation of a question or controversy concerning representation, that an election or elections by secret ballot is necessary, the director of PEPR or hearing officer shall provide that such election or elections be conducted by an agent of the board upon such terms or conditions as the director of PEPR or hearing officer may specify. The election shall be conducted either in person, by mail, or electronically, and shall be scheduled at the first possible date. Elections conducted in person shall be conducted at a location as may be required under conditions set by the director of PEPR and not under the employer's supervision or control.
N.Y. Comp. Codes R. & Regs. Tit. 12 § 263.27