State Codes and Statutes

Statutes > New-york > Gmu > Article-10 > 209-g

§   209-g.   Liability   for   outside  aid.  1.  Notwithstanding  any  inconsistent provision of law, general, special or  local,  any  county,  city,  town,  village  or  fire district requesting fire aid pursuant to  section two hundred nine-e of this chapter or any county, city, town  or  village  requesting police aid pursuant to section two hundred nine-f of  this chapter, shall be liable and responsible to the assisting municipal  corporation or fire district for any loss of or damage to  apparatus  or  equipment or supplies and shall bear and pay the expense incurred in the  operation  and maintenance of any apparatus or equipment and the cost of  materials and supplies used  or  consumed  in  rendering  such  aid  and  assistance,  but  such  liability  and responsibility shall not apply or  extend to apparatus, equipment, materials and supplies owned or supplied  by the state.    2. The state or assisting municipal corporation or  fire  district  in  such  case  shall  be  liable  for salaries or other compensation to the  assisting forces furnished during the time they shall not be  performing  their duties for the state or for the assisting municipal corporation or  fire  district  and  shall  defray  the actual traveling and maintenance  expense of such assisting forces while they are rendering such  aid  and  assistance,  but  the  receiving  municipal corporation or fire district  shall reimburse the assisting municipal corporation or fire district for  any moneys paid for such salaries or other  compensation  and  traveling  and  maintenance  expense.  Any  such claim for loss, damage, expense or  cost shall not be allowed unless within sixty days after the same  shall  have  been  sustained  or incurred a written notice of such claim, under  oath, itemizing such loss, damage, expense or cost, is served by mail or  otherwise upon the comptroller or chief fiscal officer of such receiving  municipal  corporation  or  fire  district.   An   assisting   municipal  corporation  or  fire district may assume any such loss, damage, expense  or cost or loan such equipment and apparatus or donate such services  to  the  receiving  municipal corporation or fire district without charge or  cost.    3. A county, city, town, village or fire district shall be liable  for  all  payments to be made to or on behalf of injured volunteer firemen or  to representatives of deceased volunteer  firemen  pursuant  to  and  in  accordance  with  the provisions of the volunteer firemen's benefit law.  The amount so paid by a town shall be assessed in the manner provided in  such law.    4. Neither the state nor the civil or  political  subdivision  of  the  state  whose police or fire forces or employees are engaged in rendering  such outside aid and assistance pursuant to  any  request  for  aid  and  assistance or pursuant to direction of the governor or other official or  agency authorized by, or pursuant to law so to direct shall be liable or  accountable  in any way or on account of any act or omission on the part  of any officer or member of such forces or of any such employee while so  engaged or for or on account of the operation, maintenance or use of any  apparatus, equipment, materials or supplies in connection therewith, nor  shall any sheriff be held liable or accountable in any  way  for  or  on  account of any act or omission on the part of any of his deputies within  or without the county of their appointment where such deputies are under  the command of an officer other than himself.    5. Notwithstanding any inconsistent provision of law, general, special  or  local,  (a) any county whose sheriff, or in the county of Nassau the  county executive, declared a  state  of  special  emergency  within  his  county  pursuant  to  section  two hundred nine-f of this chapter, which  resulted in men and/or equipment  being  furnished  by  the  sheriff  of  another county for use in the county of the sheriff, or in the county of  Nassau  the county executive, declaring the state of emergency, shall beliable and responsible to  the  county  of  the  assisting  sheriff  for  salaries  or  other  compensation paid or due the persons comprising the  assisting forces  during  the  time  they  were  engaged  in  performing  services  in  the  county of the requesting sheriff, or in the county of  Nassau the county executive, and for all loss or  damage  to  apparatus,  equipment  and  supplies used or consumed by the persons comprising such  assisting forces in rendering aid and assistance in the  county  of  the  requesting  sheriff,  or  in  the county of Nassau the county executive,  provided an itemized claim therefor is submitted in writing to the chief  fiscal officer of the county of the requesting sheriff, or in the county  of Nassau the county executive, within sixty days after the  termination  of  such an emergency. An assisting county may, however, assume any such  cost, loss or damage, and all payments made or  to  be  made  to  or  on  behalf   of   such  persons  comprising  such  assisting  forces  or  to  representatives of deceased persons who comprised such assisting  forces  pursuant to and in accordance with the provisions of any applicable law,  rule  or ordinance, including the workmen's compensation law which shall  be deemed to be applicable. Neither the county whose  sheriff  responded  with  men  and/or  equipment to a request for assistance made by another  sheriff who declared a state of special emergency, or in the  county  of  Nassau the county executive, nor a responding sheriff or employee of the  responding county, shall be liable or accountable in any way for any act  or omission on the part of any person during the continuance of any such  emergency, including but not restricted to the operation, maintenance or  use of any apparatus, equipment or supplies in connection therewith, nor  shall  any  sheriff  be  held liable or accountable in any way for or on  account of any act or omission on the part of any of his deputies within  or without the county of their appointment where such deputies are under  the command of any person other than himself, and (b) the city, town  or  village  receiving  police aid pursuant to section two hundred nine-f of  this chapter shall assume the liability for all damages arising  out  of  any  act  performed  in  rendering  such  aid  and  shall  reimburse the  assisting city, town, village, parkway police force, state  park  police  force  and/or  county  police  department  for any moneys paid by it for  salaries or for other expenses incurred by it, including  damage  to  or  loss  of  equipment  and  supplies.  An  assisting  city, town, village,  parkway police force, state  park  police  force  and/or  county  police  department may, however, assume in whole or in part any such cost, loss,  damage  or  other  cost  or  charge sustained or suffered by it which is  applicable to its rendering such aid, by taking  appropriate  action  to  accomplish  the  same,  and  the  county  of the receiving city, town or  village may, by appropriate action, elect to obligate itself to pay  all  or part of any money which such receiving municipality is obliged to pay  arising out of and applicable to its having received such aid, and (c) a  regular,  part time or special deputy sheriff of a county shall not, for  any reason, lose or forfeit any right, benefit  or  privilege  which  he  would  have had in the county of his residence by becoming and/or acting  as an emergency special deputy  sheriff  of  another  county  during  an  emergency.

State Codes and Statutes

Statutes > New-york > Gmu > Article-10 > 209-g

§   209-g.   Liability   for   outside  aid.  1.  Notwithstanding  any  inconsistent provision of law, general, special or  local,  any  county,  city,  town,  village  or  fire district requesting fire aid pursuant to  section two hundred nine-e of this chapter or any county, city, town  or  village  requesting police aid pursuant to section two hundred nine-f of  this chapter, shall be liable and responsible to the assisting municipal  corporation or fire district for any loss of or damage to  apparatus  or  equipment or supplies and shall bear and pay the expense incurred in the  operation  and maintenance of any apparatus or equipment and the cost of  materials and supplies used  or  consumed  in  rendering  such  aid  and  assistance,  but  such  liability  and responsibility shall not apply or  extend to apparatus, equipment, materials and supplies owned or supplied  by the state.    2. The state or assisting municipal corporation or  fire  district  in  such  case  shall  be  liable  for salaries or other compensation to the  assisting forces furnished during the time they shall not be  performing  their duties for the state or for the assisting municipal corporation or  fire  district  and  shall  defray  the actual traveling and maintenance  expense of such assisting forces while they are rendering such  aid  and  assistance,  but  the  receiving  municipal corporation or fire district  shall reimburse the assisting municipal corporation or fire district for  any moneys paid for such salaries or other  compensation  and  traveling  and  maintenance  expense.  Any  such claim for loss, damage, expense or  cost shall not be allowed unless within sixty days after the same  shall  have  been  sustained  or incurred a written notice of such claim, under  oath, itemizing such loss, damage, expense or cost, is served by mail or  otherwise upon the comptroller or chief fiscal officer of such receiving  municipal  corporation  or  fire  district.   An   assisting   municipal  corporation  or  fire district may assume any such loss, damage, expense  or cost or loan such equipment and apparatus or donate such services  to  the  receiving  municipal corporation or fire district without charge or  cost.    3. A county, city, town, village or fire district shall be liable  for  all  payments to be made to or on behalf of injured volunteer firemen or  to representatives of deceased volunteer  firemen  pursuant  to  and  in  accordance  with  the provisions of the volunteer firemen's benefit law.  The amount so paid by a town shall be assessed in the manner provided in  such law.    4. Neither the state nor the civil or  political  subdivision  of  the  state  whose police or fire forces or employees are engaged in rendering  such outside aid and assistance pursuant to  any  request  for  aid  and  assistance or pursuant to direction of the governor or other official or  agency authorized by, or pursuant to law so to direct shall be liable or  accountable  in any way or on account of any act or omission on the part  of any officer or member of such forces or of any such employee while so  engaged or for or on account of the operation, maintenance or use of any  apparatus, equipment, materials or supplies in connection therewith, nor  shall any sheriff be held liable or accountable in any  way  for  or  on  account of any act or omission on the part of any of his deputies within  or without the county of their appointment where such deputies are under  the command of an officer other than himself.    5. Notwithstanding any inconsistent provision of law, general, special  or  local,  (a) any county whose sheriff, or in the county of Nassau the  county executive, declared a  state  of  special  emergency  within  his  county  pursuant  to  section  two hundred nine-f of this chapter, which  resulted in men and/or equipment  being  furnished  by  the  sheriff  of  another county for use in the county of the sheriff, or in the county of  Nassau  the county executive, declaring the state of emergency, shall beliable and responsible to  the  county  of  the  assisting  sheriff  for  salaries  or  other  compensation paid or due the persons comprising the  assisting forces  during  the  time  they  were  engaged  in  performing  services  in  the  county of the requesting sheriff, or in the county of  Nassau the county executive, and for all loss or  damage  to  apparatus,  equipment  and  supplies used or consumed by the persons comprising such  assisting forces in rendering aid and assistance in the  county  of  the  requesting  sheriff,  or  in  the county of Nassau the county executive,  provided an itemized claim therefor is submitted in writing to the chief  fiscal officer of the county of the requesting sheriff, or in the county  of Nassau the county executive, within sixty days after the  termination  of  such an emergency. An assisting county may, however, assume any such  cost, loss or damage, and all payments made or  to  be  made  to  or  on  behalf   of   such  persons  comprising  such  assisting  forces  or  to  representatives of deceased persons who comprised such assisting  forces  pursuant to and in accordance with the provisions of any applicable law,  rule  or ordinance, including the workmen's compensation law which shall  be deemed to be applicable. Neither the county whose  sheriff  responded  with  men  and/or  equipment to a request for assistance made by another  sheriff who declared a state of special emergency, or in the  county  of  Nassau the county executive, nor a responding sheriff or employee of the  responding county, shall be liable or accountable in any way for any act  or omission on the part of any person during the continuance of any such  emergency, including but not restricted to the operation, maintenance or  use of any apparatus, equipment or supplies in connection therewith, nor  shall  any  sheriff  be  held liable or accountable in any way for or on  account of any act or omission on the part of any of his deputies within  or without the county of their appointment where such deputies are under  the command of any person other than himself, and (b) the city, town  or  village  receiving  police aid pursuant to section two hundred nine-f of  this chapter shall assume the liability for all damages arising  out  of  any  act  performed  in  rendering  such  aid  and  shall  reimburse the  assisting city, town, village, parkway police force, state  park  police  force  and/or  county  police  department  for any moneys paid by it for  salaries or for other expenses incurred by it, including  damage  to  or  loss  of  equipment  and  supplies.  An  assisting  city, town, village,  parkway police force, state  park  police  force  and/or  county  police  department may, however, assume in whole or in part any such cost, loss,  damage  or  other  cost  or  charge sustained or suffered by it which is  applicable to its rendering such aid, by taking  appropriate  action  to  accomplish  the  same,  and  the  county  of the receiving city, town or  village may, by appropriate action, elect to obligate itself to pay  all  or part of any money which such receiving municipality is obliged to pay  arising out of and applicable to its having received such aid, and (c) a  regular,  part time or special deputy sheriff of a county shall not, for  any reason, lose or forfeit any right, benefit  or  privilege  which  he  would  have had in the county of his residence by becoming and/or acting  as an emergency special deputy  sheriff  of  another  county  during  an  emergency.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gmu > Article-10 > 209-g

§   209-g.   Liability   for   outside  aid.  1.  Notwithstanding  any  inconsistent provision of law, general, special or  local,  any  county,  city,  town,  village  or  fire district requesting fire aid pursuant to  section two hundred nine-e of this chapter or any county, city, town  or  village  requesting police aid pursuant to section two hundred nine-f of  this chapter, shall be liable and responsible to the assisting municipal  corporation or fire district for any loss of or damage to  apparatus  or  equipment or supplies and shall bear and pay the expense incurred in the  operation  and maintenance of any apparatus or equipment and the cost of  materials and supplies used  or  consumed  in  rendering  such  aid  and  assistance,  but  such  liability  and responsibility shall not apply or  extend to apparatus, equipment, materials and supplies owned or supplied  by the state.    2. The state or assisting municipal corporation or  fire  district  in  such  case  shall  be  liable  for salaries or other compensation to the  assisting forces furnished during the time they shall not be  performing  their duties for the state or for the assisting municipal corporation or  fire  district  and  shall  defray  the actual traveling and maintenance  expense of such assisting forces while they are rendering such  aid  and  assistance,  but  the  receiving  municipal corporation or fire district  shall reimburse the assisting municipal corporation or fire district for  any moneys paid for such salaries or other  compensation  and  traveling  and  maintenance  expense.  Any  such claim for loss, damage, expense or  cost shall not be allowed unless within sixty days after the same  shall  have  been  sustained  or incurred a written notice of such claim, under  oath, itemizing such loss, damage, expense or cost, is served by mail or  otherwise upon the comptroller or chief fiscal officer of such receiving  municipal  corporation  or  fire  district.   An   assisting   municipal  corporation  or  fire district may assume any such loss, damage, expense  or cost or loan such equipment and apparatus or donate such services  to  the  receiving  municipal corporation or fire district without charge or  cost.    3. A county, city, town, village or fire district shall be liable  for  all  payments to be made to or on behalf of injured volunteer firemen or  to representatives of deceased volunteer  firemen  pursuant  to  and  in  accordance  with  the provisions of the volunteer firemen's benefit law.  The amount so paid by a town shall be assessed in the manner provided in  such law.    4. Neither the state nor the civil or  political  subdivision  of  the  state  whose police or fire forces or employees are engaged in rendering  such outside aid and assistance pursuant to  any  request  for  aid  and  assistance or pursuant to direction of the governor or other official or  agency authorized by, or pursuant to law so to direct shall be liable or  accountable  in any way or on account of any act or omission on the part  of any officer or member of such forces or of any such employee while so  engaged or for or on account of the operation, maintenance or use of any  apparatus, equipment, materials or supplies in connection therewith, nor  shall any sheriff be held liable or accountable in any  way  for  or  on  account of any act or omission on the part of any of his deputies within  or without the county of their appointment where such deputies are under  the command of an officer other than himself.    5. Notwithstanding any inconsistent provision of law, general, special  or  local,  (a) any county whose sheriff, or in the county of Nassau the  county executive, declared a  state  of  special  emergency  within  his  county  pursuant  to  section  two hundred nine-f of this chapter, which  resulted in men and/or equipment  being  furnished  by  the  sheriff  of  another county for use in the county of the sheriff, or in the county of  Nassau  the county executive, declaring the state of emergency, shall beliable and responsible to  the  county  of  the  assisting  sheriff  for  salaries  or  other  compensation paid or due the persons comprising the  assisting forces  during  the  time  they  were  engaged  in  performing  services  in  the  county of the requesting sheriff, or in the county of  Nassau the county executive, and for all loss or  damage  to  apparatus,  equipment  and  supplies used or consumed by the persons comprising such  assisting forces in rendering aid and assistance in the  county  of  the  requesting  sheriff,  or  in  the county of Nassau the county executive,  provided an itemized claim therefor is submitted in writing to the chief  fiscal officer of the county of the requesting sheriff, or in the county  of Nassau the county executive, within sixty days after the  termination  of  such an emergency. An assisting county may, however, assume any such  cost, loss or damage, and all payments made or  to  be  made  to  or  on  behalf   of   such  persons  comprising  such  assisting  forces  or  to  representatives of deceased persons who comprised such assisting  forces  pursuant to and in accordance with the provisions of any applicable law,  rule  or ordinance, including the workmen's compensation law which shall  be deemed to be applicable. Neither the county whose  sheriff  responded  with  men  and/or  equipment to a request for assistance made by another  sheriff who declared a state of special emergency, or in the  county  of  Nassau the county executive, nor a responding sheriff or employee of the  responding county, shall be liable or accountable in any way for any act  or omission on the part of any person during the continuance of any such  emergency, including but not restricted to the operation, maintenance or  use of any apparatus, equipment or supplies in connection therewith, nor  shall  any  sheriff  be  held liable or accountable in any way for or on  account of any act or omission on the part of any of his deputies within  or without the county of their appointment where such deputies are under  the command of any person other than himself, and (b) the city, town  or  village  receiving  police aid pursuant to section two hundred nine-f of  this chapter shall assume the liability for all damages arising  out  of  any  act  performed  in  rendering  such  aid  and  shall  reimburse the  assisting city, town, village, parkway police force, state  park  police  force  and/or  county  police  department  for any moneys paid by it for  salaries or for other expenses incurred by it, including  damage  to  or  loss  of  equipment  and  supplies.  An  assisting  city, town, village,  parkway police force, state  park  police  force  and/or  county  police  department may, however, assume in whole or in part any such cost, loss,  damage  or  other  cost  or  charge sustained or suffered by it which is  applicable to its rendering such aid, by taking  appropriate  action  to  accomplish  the  same,  and  the  county  of the receiving city, town or  village may, by appropriate action, elect to obligate itself to pay  all  or part of any money which such receiving municipality is obliged to pay  arising out of and applicable to its having received such aid, and (c) a  regular,  part time or special deputy sheriff of a county shall not, for  any reason, lose or forfeit any right, benefit  or  privilege  which  he  would  have had in the county of his residence by becoming and/or acting  as an emergency special deputy  sheriff  of  another  county  during  an  emergency.