New York Awards For Death Or Injuries Received By Persons Other Than Peace Officers While Attempting To Prevent The Commission Of A Crime, Preserve The Peace O




 
    §  3-405  Awards  for death or injuries received by persons other than
  peace officers while attempting to prevent the commission  of  a  crime,
  preserve  the peace or prevent public disturbances. Direct action on the
  part of private citizens in preventing  crimes  against  the  person  or
  property   of   others,   preserving  the  peace  or  preventing  public
  disturbances, benefits the entire public. The mayor is hereby authorized
  and empowered to make an award for the death of or injury to any  person
  or persons, other than police officers or peace officers, which has been
  or  shall hereafter be caused in attempting to prevent the commission of
  a crime against the person or property of another, preserve the peace or
  prevent public disturbances. Such award shall be fixed in the discretion
  of the mayor as a matter of grace and not as  a  matter  of  right,  and
  shall,  in  the  case  of  personal  injuries, be based upon the medical
  expenses and loss of earnings incurred  by  such  person  injured  while
  attempting  to  prevent the commission of a crime, preserve the peace or
  prevent public disturbances. In the case of the death  of  such  person,
  such  award  shall  be made to the surviving spouse or domestic partner,
  child or other dependent of such person; and  the  award  may  be  in  a
  single  payment,  or  may  be made in periodic payments under provisions
  similar to those set  forth  in  section  13-244  of  this  code,  which
  periodic  payments may be in an amount not to exceed the amounts payable
  pursuant to such section  as  a  pension  to  the  surviving  spouse  or
  domestic  partner,  child  or  other dependent, as the case may be, of a
  deceased first-grade police officer. Petitions for  an  award  hereunder
  must  be presented to the mayor within six months after the happening of
  the occurrence which resulted in such injury or death. Before the  mayor
  shall make such payment, he or she shall require the claimant to execute
  and deliver an assignment to the city, in such form as shall be approved
  by  the  corporation counsel, of an amount equal to the payments made or
  to be made by the city, payable out of the  proceeds  of  any  recovery,
  whether  by  judgment,  settlement or otherwise, against the city or any
  person or any  public  or  private  corporation  alleged  to  have  been
  responsible for said death or injuries.