NY Gen Mun L § 209-G (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 209-G - Liability for Outside Aid.

§   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 article or any county, city, town  or   village  requesting police aid pursuant to section two hundred nine-f of   this article, 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   firefighters or to representatives of  deceased  volunteer  firefighters   pursuant  to  and  in  accordance  with  the provisions of the volunteer   firefighters' 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 or her deputies   within or without the county of their appointment  where  such  deputies   are under the command of an officer other than himself or herself.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  or   her county pursuant to section two hundred nine-f of this article, which   resulted in men or women 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    be liable 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 or her deputies   within or without the county of their appointment  where  such  deputies   are  under  the command of any person other than himself or herself, and   (b) the city, town or village receiving police aid pursuant  to  section   two  hundred  nine-f  of this article 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  or   she  would  have  had  in the county of his or her residence by becoming   and/or acting as an emergency special deputy sheriff of  another  county   during an emergency.6. The commissioner of the division of homeland security and emergency   services,  in  consultation  with  the  state  fire  administrator,  may   promulgate rules and regulations necessary to carry out the purpose  and   provisions of this section.