§ 409. Actions and proceedings in official capacity.
181 words·~1 min read·
/ny/county/officers-general-provisions/409·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 409. Actions and proceedings in official capacity. 1. No officer
whose compensation is paid from county funds shall employ an
attorney-at-law to appear and prosecute or defend any civil action or
proceeding brought by or against him in an official capacity whenever
under the provisions of this chapter or other law it is made the duty of
the district attorney or county attorney to prosecute or defend the
same.
2. All damages recovered against, or costs and expenses lawfully
incurred by any officer whose compensation is paid from county funds in
the prosecution or defense of any civil action or proceeding brought by
or against him for an official act done or for failure to perform an
official act shall be a county charge and shall be audited and paid in
the same manner as other county charges. When the act upon which the
action or proceeding is based was done in good faith, but without
authority of law or authorization of the board of supervisors, the board
of supervisors may audit and pay the same as other county charges.