N.Y. County Law § 409: Actions and proceedings in official capacity

§ 409. Actions and proceedings in official capacity. 1. No officer

whose compensation is paid from county funds shall employ an

attorney-at-law to appear and prosecute or defend any civil action or

proceeding brought by or against him in an official capacity whenever

under the provisions of this chapter or other law it is made the duty of

the district attorney or county attorney to prosecute or defend the

same.

2. All damages recovered against, or costs and expenses lawfully

incurred by any officer whose compensation is paid from county funds in

the prosecution or defense of any civil action or proceeding brought by

or against him for an official act done or for failure to perform an

official act shall be a county charge and shall be audited and paid in

the same manner as other county charges. When the act upon which the

action or proceeding is based was done in good faith, but without

authority of law or authorization of the board of supervisors, the board

of supervisors may audit and pay the same as other county charges.