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New York Consolidated Laws, Military Law - MIL § 212. Pay of troops when used in civil disorders

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All officers and enlisted men while on duty, or assembled therefor, by order of the governor, upon the request of the sheriff of a county, or in the county of Nassau the county executive or mayor of a city, in aid of the civil authorities, in case of breach of the peace, riot, resistance to process of this state, disaster, or imminent danger thereof, shall receive the pay set forth in subdivision one of section two hundred ten of this chapter.  Fifty percent of such compensation and expenses incurred in connection with such duty or as a result thereof including quartering, caring for, transporting and subsisting the troops, and other expenses including the expense incurred for pay, care, and subsistence of officers and enlisted men temporarily disabled in the line of duty, while on such duty, as set forth in section two hundred sixteen of this chapter, shall be paid by the county or city at the request of whose sheriff, or in the county of Nassau the county executive, or mayor, as the case may be, the military or naval forces of the state have been heretofore or may hereafter be ordered out.  The balance shall be paid by the state.  If troops on duty in aid of the civil authorities render service in more than one county or city, fifty percent of the expenses and compensation of such troops shall be apportioned among the counties or cities in which such service is rendered by the officer who approves the vouchers and payrolls of such troops.  The balance shall be paid by the state.  Upon presentation to the county treasurer of such county or the chief fiscal officer of such city where the service was rendered, of appropriate evidence certified by the state comptroller, that payment of expenses including payment of troops, has been consummated, provision shall forthwith be made by the county or city to make available the money required to reimburse the state for its share of expenses already paid.  In the city of New York, upon similar presentation to the comptroller of said city, the money necessary to comply with the provisions of this section shall forthwith be raised.  Such expenses and compensation may be paid in the first instance by the state comptroller as an advance subject to subsequent reimbursement by the county or city or counties or cities in which such service is rendered.  In the event a county or city shall fail to pay its share of such expenses and compensation within six months of the certification to the county or city by the state comptroller of such cost, the state comptroller shall cause to be withheld from local assistance moneys to which such county or city would otherwise be entitled, a sum sufficient to reimburse the state for any amount remaining unpaid.  Any public officer, who shall neglect or refuse to perform any of the duties required by this section including such duties as may arise in connection with the financing of payments required to be made pursuant to the provisions of this section, shall be personally charged with the costs and all necessary disbursements of any action or proceeding brought to compel such performance, together with a reasonable additional allowance to the plaintiff or relator in such action or proceeding, to be fixed by the court.

Cite this article: FindLaw.com - New York Consolidated Laws, Military Law - MIL § 212. Pay of troops when used in civil disorders - last updated January 01, 2021 | https://codes.findlaw.com/ny/military-law/mil-sect-212/


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