2010 New York Code
EXC - Executive
Article 12-A - (255 - 258) PROBATION OFFICERS AND RELATED MATTERS
257-A - Civil actions against local department volunteers.

§ 257-a. Civil  actions  against  local department volunteers. 1.  For
  the purposes of  this  section  the  term  "volunteer"  means  a  person
  authorized  by  a local probation department's director of the volunteer
  services program to participate  in  the  local  department's  volunteer
  services program.
    2.  A  local  probation department may provide an attorney for and pay
  such attorney fees and expenses necessarily incurred in the defense of a
  volunteer in any civil action commenced against him by reason of a claim
  of alleged negligence or other act of such person arising out of and  in
  the  course  of  participating  in a local department volunteer services
  program, and the  local  probation  department  may  save  harmless  and
  indemnify  such  person  from  financial  loss arising out of any claim,
  demand, suit of judgment by reason of the alleged  negligence  or  other
  act  by  such person provided that, at the time that such claim arose or
  damages were sustained, such person was acting in the discharge  of  his
  duties and within the scope of his authorized duties and that such claim
  or  cause of action or damages sustained did not result from the willful
  and wrongful act or gross negligence of such person.
    3. A local probation department which authorizes indemnification under
  this section, however, shall not be subject to the  obligations  imposed
  by  this  section  unless  such volunteer shall, within five days of the
  time he is served with any summons, complaint, process,  notice,  demand
  or  pleading,  deliver  the  original  or  a  copy  thereof to the local
  department and unless such person shall cooperate fully with  the  local
  probation  department in the defense of said claim, demand or suit. Upon
  such delivery the local probation department may assume control  of  the
  representation of such person.
    4.  This  section  shall  not  in  any way impair, limit or modify the
  rights and obligations under any policy of insurance.
    5. The benefits of this section shall inure  only  to  volunteers  and
  shall not enlarge or diminish the rights of any other party.

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