2012 New York Consolidated Laws
GMU - General Municipal
Article 10 - (200 - 209-Z) FIREMEN AND POLICEMEN
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 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 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 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.