N.Y. Agriculture & Markets Law § 105-e: Damage appraisal and report

§ 105-e. Damage appraisal and report. The owner of a domestic animal

which has died as a result of rabies shall immediately upon discovery

thereof notify any assessor of the city or town where the death occurred

of the fact thereof, and that he claims indemnity therefor, and requires

that the damages be determined. Such assessor, immediately upon

receiving such notification, shall inquire into the matter. If he deems

it necessary, he shall examine witnesses in relation thereto. No

indemnification shall be paid unless there shall be presented to the

assessor a report from a laboratory officially approved for rabies

examination by the state commissioner of health, showing the presence of

rabies in each animal for which indemnity is claimed. If the assessor is

satisfied that the animal or animals died of rabies, he shall determine

the amount of the damages resulting therefrom and shall thereupon make a

report in the form prescribed by the commissioner and shall state

therein the amount of damages. The report shall be signed by the

assessor, one copy of which shall be accompanied by an official

laboratory report showing the presence of rabies. Two copies of the

report shall be filed by the assessor in the office of the county

treasurer, and a third copy shall be delivered by the assessor to the

claimant. The county treasurer shall immediately approve or disapprove

the claim. If he shall approve the claim, he shall endorse a copy of the

report with a statement in accordance with the form prescribed by the

commissioner certifying that the amount of the damage so reported by the

assessor has been set aside by him for payment to the claimant from

funds made available by the county for such purpose, and he shall

immediately forward the copy of the report with such endorsement thereon

to the commissioner. Upon receipt of such report, the commissioner

shall examine the same and may investigate the same on his own part. The

commissioner shall either confirm the amount of the damage reported by

the assessor or modify it by such increase or decrease of the amount

thereof as may appear proper and adequate in view of the facts and, if

the facts so warrant, may disallow the same. The decision of the

commissioner shall be in writing, and a copy thereof shall be mailed to

the county treasurer and to the claimant.