N.Y. Environmental Conservation Law § 57-0213: Defense, attorneys' fees, court costs

§ 57-0213. Defense, attorneys' fees, court costs.

1. For each town adopting a local law implementing regulations in the

protection areas consistent with this title, there shall be a defense by

the state against any damages, losses, costs, or expenses of any kind or

nature incurred or suffered by such town or its agents, servants,

officials or employees, in the event of legal actions or proceedings

brought against the town or its agents, servants, officials, or

employees that may result from the municipal acquisition of land or the

adoption or implementation of a local law consistent with this title.

2. The state shall pay reasonable attorneys' fees and court costs

incurred by each town in connection with such legal actions or

proceedings, including any appeal.

3. Such defense shall be conditioned upon:

(a) delivery by the town board or its agent, servant, official or

employee against whom the legal action or proceeding was commenced to

the attorney general or an assistant attorney general at an office of

the department of law in the state, the original or a copy of any

summons, complaint, process, notice, demand, or pleading within thirty

days after such document is served upon the town board or such other

party; and

(b) the full cooperation of the town board or such other party against

whom the action or proceeding was commenced in the defense of such

action or proceeding and in defense of any action or proceeding against

the state based upon the same act or omission, and in the prosecution of

any appeal.