N.Y. Town Law § 68: Compromise of actions, proceedings or claims

§ 68. Compromise of actions, proceedings or claims. 1. The town board

of any town may compromise or settle:

a. An action or proceeding against the town, with the approval of the

court in which such action or proceeding is pending.

b. Any claim presented pursuant to section sixty-five-a or sixty-seven

of this chapter, with the approval of a justice of the supreme court of

the judicial district in which such town is located.

2. The order of the court or the justice approving such settlement or

compromise may be granted upon the motion of an officer of the town

designated by the town board, supported by the affidavit of such officer

setting forth the cause of action or the claim against the town and also

such other information which, in his opinion, will enable the court or

the justice to arrive at a determination that such compromise or

settlement is just, reasonable and to the interest of the town. Such

officer may also present the affidavits of other persons in support of

his motion. The court or the justice, in order to arrive at such a

determination, may require such officer to present additional

information by a supplemental affidavit or affidavits or may require

other persons to present additional information by their affidavits.

3. Upon obtaining the approval of the court or the justice, the town

board may pay the amount of such compromise or settlement from funds or

sources authorized pursuant to section one hundred twelve of this

chapter.

4. Notwithstanding the foregoing provisions of this section, the town

board of any town may compromise or settle any action, proceeding or

claim against the town upon such terms as said board shall determine are

just, reasonable and to the interest of the town.