§ 57-0213 — Defense, attorneys' fees, court costs

New York § 57-0213

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 2: Peconic Bay Region Watershed Protection Act
• Art. 57: Long Island Pine Barrens Maritime Reserve Act

Text

§ 57-0213. Defense, attorneys' fees, court costs.\n 1. For each town adopting a local law implementing regulations in the\nprotection areas consistent with this title, there shall be a defense by\nthe state against any damages, losses, costs, or expenses of any kind or\nnature incurred or suffered by such town or its agents, servants,\nofficials or employees, in the event of legal actions or proceedings\nbrought against the town or its agents, servants, officials, or\nemployees that may result from the municipal acquisition of land or the\nadoption or implementation of a local law consistent with this title.\n 2. The state shall pay reasonable attorneys' fees and court costs\nincurred by each town in connection with such legal actions or\nproceedings, including any appeal.\n 3. Such defense shall be conditioned upon:\n (a) delivery by the town board or its agent, servant, official or\nemployee against whom the legal action or proceeding was commenced to\nthe attorney general or an assistant attorney general at an office of\nthe department of law in the state, the original or a copy of any\nsummons, complaint, process, notice, demand, or pleading within thirty\ndays after such document is served upon the town board or such other\nparty; and\n (b) the full cooperation of the town board or such other party against\nwhom the action or proceeding was commenced in the defense of such\naction or proceeding and in defense of any action or proceeding against\nthe state based upon the same act or omission, and in the prosecution of\nany appeal.\n