This text of New York § 105-E (Damage appraisal and report) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 105-e. Damage appraisal and report. The owner of a domestic animal\nwhich has died as a result of rabies shall immediately upon discovery\nthereof notify any assessor of the city or town where the death occurred\nof the fact thereof, and that he claims indemnity therefor, and requires\nthat the damages be determined. Such assessor, immediately upon\nreceiving such notification, shall inquire into the matter. If he deems\nit necessary, he shall examine witnesses in relation thereto. No\nindemnification shall be paid unless there shall be presented to the\nassessor a report from a laboratory officially approved for rabies\nexamination by the state commissioner of health, showing the presence of\nrabies in each animal for which indemnity is claimed. If the assessor is\nsatisfied that the
Free access — add to your briefcase to read the full text and ask questions with AI
§ 105-e. Damage appraisal and report. The owner of a domestic animal\nwhich has died as a result of rabies shall immediately upon discovery\nthereof notify any assessor of the city or town where the death occurred\nof the fact thereof, and that he claims indemnity therefor, and requires\nthat the damages be determined. Such assessor, immediately upon\nreceiving such notification, shall inquire into the matter. If he deems\nit necessary, he shall examine witnesses in relation thereto. No\nindemnification shall be paid unless there shall be presented to the\nassessor a report from a laboratory officially approved for rabies\nexamination by the state commissioner of health, showing the presence of\nrabies in each animal for which indemnity is claimed. If the assessor is\nsatisfied that the animal or animals died of rabies, he shall determine\nthe amount of the damages resulting therefrom and shall thereupon make a\nreport in the form prescribed by the commissioner and shall state\ntherein the amount of damages. The report shall be signed by the\nassessor, one copy of which shall be accompanied by an official\nlaboratory report showing the presence of rabies. Two copies of the\nreport shall be filed by the assessor in the office of the county\ntreasurer, and a third copy shall be delivered by the assessor to the\nclaimant. The county treasurer shall immediately approve or disapprove\nthe claim. If he shall approve the claim, he shall endorse a copy of the\nreport with a statement in accordance with the form prescribed by the\ncommissioner certifying that the amount of the damage so reported by the\nassessor has been set aside by him for payment to the claimant from\nfunds made available by the county for such purpose, and he shall\nimmediately forward the copy of the report with such endorsement thereon\nto the commissioner. Upon receipt of such report, the commissioner\nshall examine the same and may investigate the same on his own part. The\ncommissioner shall either confirm the amount of the damage reported by\nthe assessor or modify it by such increase or decrease of the amount\nthereof as may appear proper and adequate in view of the facts and, if\nthe facts so warrant, may disallow the same. The decision of the\ncommissioner shall be in writing, and a copy thereof shall be mailed to\nthe county treasurer and to the claimant.\n