N.Y. Military Law § 180: Armories and other facilities in the city of New York

§ 180. Armories and other facilities in the city of New York. 1. All

armories and other facilities located in the city of New York and

devoted to the use of the organized militia, title to which is vested in

the corporation of the city of New York, and all armory equipment,

furnishings, materials and other property furnished or supplied to

armories in the city of New York by such city or otherwise pursuant to

the provisions of this chapter as existing prior to July first, nineteen

hundred forty-two shall continue to be available, used and applied to

and for armory or other military purposes in accordance with the

provisions of this chapter, without charge by the city of New York to

the state notwithstanding any provision of this chapter or other law.

2. The state or the United States or the state and the United States

acting jointly is or are hereby authorized, as the adjutant general

shall determine to be necessary and provided that funds have been

appropriated or provided by the state or by the United States or by both

for such purposes, to construct or demolish an armory or building,

structure or facility for the use of the organized militia and to

reconstruct, repair, rehabilitate, improve, equip, furnish, maintain and

operate such armory, building, structure or facility on land owned by

the city of New York and available, used and applied to and for armory

purposes or other military purposes. Such armory, building, structure or

facility shall be available, used and applied to and for armory or other

military purposes without charge by the city of New York to the state or

to the United States. The cost of such construction, demolition,

reconstruction, repair, rehabilitation, improvement, equipping,

furnishing, maintenance and operation of such armory, building,

structure or facility shall be borne by the state or by the United

States or jointly by both and not by the city of New York.

3. Notwithstanding the provisions of subdivision one of this section,

any armory located in the city of New York and devoted to the use of the

organized militia, title to which is vested in the corporation of the

city of New York, may be released to the city of New York by the

adjutant general, acting for and on behalf and in the name of the people

of the state of New York, upon such terms and conditions and for such

consideration arrived at after an appraisal, as may be agreed upon

between such city and the adjutant general and approved by the director

of the budget. A release hereby authorized shall be executed by the

adjutant general under his official seal and, upon being duly

acknowledged by him and such acknowledgment duly certified, may be

recorded in the office of the clerk or register of the county where such

armory is situated; provided, however, that such release shall not be

valid without the approval thereof by the attorney general, as to its

form and manner of execution, endorsed thereon or annexed thereto. All

moneys paid by the city of New York for the release herein authorized

shall be received by the state comptroller and deposited by him to the

credit of the capital projects fund established by section ninety-three

of the state finance law and shall be available, after appropriation by

the legislature, only for construction, reconstruction or improvement of

armory facilities, including acquisition of real property, if required.