2012 New York Consolidated Laws
GMU - General Municipal
Article 5 - (70 - 99-W) POWERS, LIMITATIONS AND LIABILITIES
72-O - Expenses of volunteer fire officers and firefighters appearing before a court or other tribunal.

 
    § 72-o. Expenses of volunteer fire officers and firefighters appearing
  before  a  court  or  other  tribunal.  1. The chief officer of the fire
  department of a municipal corporation or fire district, subject  to  any
  rules   or   regulations   governing   such  department,  may  authorize
  reimbursement for the volunteer officers or members  of  the  department
  who appear before a court or other tribunal:
    a. when the judicial or other proceeding relates to activities arising
  from the duties of the volunteer fire officer or firefighter; and
    b.  the  volunteer  fire officer or firefighter is not involved in any
  criminal activity or is the subject of or is personally charged  with  a
  violation  of  any section of law, rule or regulation being investigated
  by the court or other tribunal; and
    c. the volunteer fire  officer  or  firefighter  has  not  been  given
  immunity  by  a court or other tribunal in relation to such proceedings;
  and
    d. the volunteer fire officer or firefighter has no financial interest
  in the outcome of such proceedings; and
    e. the volunteer  fire  officer  or  firefighter  has  been  issued  a
  subpoena to appear and give testimony in such action or proceeding; and
    f. the chief officer has been notified of the volunteer fire officer's
  or firefighter's receipt of a subpoena.
  Such  authorization  from  the  chief  officer  may  not be unreasonably
  withheld. Failure to obtain such authorization shall not  be  deemed  to
  excuse  a  volunteer  fire  officer or firefighter from complying with a
  lawfully issued subpoena, but shall not entitle him to  the  payment  of
  expenses incurred, as provided in subdivision two of this section.
    2.  The  governing board of the municipal corporation or fire district
  by resolution may provide for the payment, in the same manner  as  other
  claims  against  the municipal corporation or fire district are audited,
  allowed and paid, of all actual and necessary expenses of travel,  meals
  and  lodging  necessarily and reasonably incurred by such volunteer fire
  officers  and  firefighters  in  apppearing  before  a  court  or  other
  tribunal.  Such resolution may also provide for the reimbursement of all
  actual lost wages necessarily and reasonably incurred by such  volunteer
  fire  officers  and firefighters, up to a maximum of one hundred dollars
  per day. If such travel is by a car owned by the volunteer fire  officer
  or  firefighter,  he may be paid a reasonable mileage allowance for each
  mile actually and necessarily traveled by him in appearing  before  such
  court  or  other  tribunal. If such claim includes any amount for actual
  lost wages, a statement by the volunteer fire officer's or firefighter's
  employer shall be attached. Any claim for such expenses or reimbursement
  shall have endorsed thereon, or attached thereto,  a  statement  by  the
  chief  officer  of  the  fire  department  or  fire district that he was
  notified of the volunteer fire officer's or firefighter's receipt  of  a
  subpoena  requiring  him  to appear and give testimony before a court or
  other tribunal, such chief officer's authorization therefor and copy  of
  such subpoena.