N.Y. Executive Law § 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.