NYS Public Health Legal Manual: A Guide for Judges, Attorneys ...
NYS Public Health Legal Manual: A Guide for Judges, Attorneys ...
NYS Public Health Legal Manual: A Guide for Judges, Attorneys ...
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§ 1.102 NEW YORK STATE PUBLIC HEALTH LEGAL MANUAL<br />
[1.102] C. Statutory Immunity From Liability<br />
[1.103] 1. State Defense Emergency Act<br />
Unconsolidated Laws § 9193(1) [“The state, any political subdivision,<br />
municipal or volunteer agency . . . or a civil defense <strong>for</strong>ce thereof . . . or<br />
any individual . . . in good faith carrying out, complying or attempting to<br />
comply with any law, any rule, regulation or order duly promulgated or<br />
issued pursuant to this act . . . including but not limited to activities pursuant<br />
thereto, in preparation <strong>for</strong> anticipated attack, during attack or following<br />
attack or false warning thereof, or in connection with an authorized<br />
drill or test, shall not be liable <strong>for</strong> any injury or death to persons or damage<br />
to property as the result thereof.”]. See Exec. Law § 29-b(1), below.<br />
[1.104] 2. Executive Law<br />
Executive Law §§ 25(5) [“A political subdivision shall not be liable <strong>for</strong><br />
any claim based upon the exercise or per<strong>for</strong>mance or the failure to exercise<br />
or per<strong>for</strong>m a discretionary function or duty on the part of any officer<br />
or employee in carrying out the provisions of this section” [which authorize<br />
the chief executive of any political subdivision to use any facilities,<br />
equipment and personnel “in such manner as may be necessary or appropriate<br />
to cope with the disaster or any emergency resulting therefrom.”<br />
§ 25(1)]]; 23-a(6) [“A county shall not be liable <strong>for</strong> any claim based upon<br />
the good faith exercise or per<strong>for</strong>mance or the good faith failure to exercise<br />
or per<strong>for</strong>m a function or duty on the part of any officer or employee in<br />
carrying out a local disaster preparedness plan.”]; 26(3) [“A chief executive<br />
or any elected or appointed county, city, town or village official shall<br />
not be held responsible <strong>for</strong> acts or omissions of municipal employees,<br />
disaster preparedness <strong>for</strong>ces or civil defense <strong>for</strong>ces when per<strong>for</strong>ming<br />
disaster assistance pursuant to a declared disaster emergency or when<br />
exercising comprehensive emergency management plans.”]; 29-b(1)<br />
[“The governor may, in his or her discretion, direct the state disaster preparedness<br />
commission to conduct an emergency exercise or drill under its<br />
direction, in which all or any of the personnel and resources of the agencies<br />
of the commission of the state may be utilized to per<strong>for</strong>m the duties<br />
assigned to them in a disaster <strong>for</strong> the purpose of protecting and preserving<br />
human life or property in a disaster. During a disaster or such drill or exer-<br />
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