N.Y. Volunteer Firefighters' Benefit Law § 40: Notice of injury or death

§ 40. Notice of injury or death. Notice of an injury or death for

which benefits are to be paid or provided under this chapter shall be

given to the political subdivision liable for the payment thereof within

ninety days after such injury or death except that such notice need not

be given if a claim is filed pursuant to section forty-one of this

chapter within ninety days after such injury or death. Either such

notice may be given by any person claiming to be entitled to such

benefits or by someone in his or her behalf. The notice shall be in

writing, shall contain the name and address of the volunteer

firefighter, and state in ordinary language the time, place, nature and

cause of the injury and shall be signed by him or her or by a person on

his or her behalf or, in case of death, by any one or more of his or her

dependents, or by a person on their behalf. The notice shall be given to

the clerk of the board of supervisors of the county, the comptroller or

chief financial officer of the city, the town clerk of the town, the

clerk of the village or the secretary of the fire district, as the case

may be, by delivering it to such officer or by registered letter

properly addressed to such officer. The failure to give notice of injury

or notice of death shall be a bar to any claim under this chapter unless

such failure is excused by the workers' compensation board on any of the

following grounds, (1) that for some sufficient reason the notice could

not have been given, (2) that a member of a body in charge of, or any

officer of, the fire department or fire company had knowledge within

such ninety-day period of the injuries or death, (3) that the political

subdivision, or its insurance carrier had not been prejudiced by a delay

in giving such notice, or (4) that the cause of disablement or death was

not known to be the result of service performed in line of duty as a

volunteer firefighter in sufficient time to comply with the provisions

of this section.