N.Y. GMU Law § 50-J

* § 50-j. Liability of police officers for negligence in the\nperformance of duty. 1. Notwithstanding the provisions of any general,\nspecial or local law, charter or code to the contrary, every city,\ncounty, town, village, authority or agency shall be liable for, and\nshall assume the liability to the extent that it shall save harmless,\nany duly appointed police officer of such municipality, authority or\nagency for any negligent act or tort, provided such police officer, at\nthe time of the negligent act or tort complained of, was acting in the\nperformance of his duties and within the scope of his employment.\n 2. For purposes of this section, a police officer of any such\nmunicipal corporation, authority or agency, although excused from\nofficial duty at the time, shall be deemed to be acting in the discharge\nof duty when engaged in the immediate and actual performance of a public\nduty imposed by law and such public duty performed was for the benefit\nof the citizens of the community wherein such public duty was performed\nand the municipal corporation, authority or agency derived no special\nbenefit in its corporate capacity.\n 3. No action or special proceeding instituted hereunder shall be\nprosecuted or maintained against the municipality, authority or agency\nconcerned or such police officer unless notice of claim shall have been\nmade and served upon such municipality, authority or agency in\ncompliance with section fifty-e of this chapter. Every such action shall\nbe commenced pursuant to the provisions of section fifty-i of this\nchapter.\n 4. The provisions of this section shall not apply to the city of New\nYork.\n 5. The provisions of this section shall not apply to the New York city\nhousing authority.\n 6. a. In addition to the requirements of subdivision one of this\nsection, upon discretionary adoption of a local law, ordinance,\nresolution, rule or regulation, any city, county, town, village,\nauthority, or agency shall provide for the defense of any civil action\nor proceeding brought against a duly appointed police officer of such\nmunicipality, authority or agency and shall indemnify and save harmless\nsuch police officer from any judgment of a court of competent\njurisdiction whenever such action, proceeding or judgment is for\npunitive or exemplary damages, arising out of a negligent act or other\ntort of such police officer committed while in the proper discharge of\nhis duties and within the scope of his employment. Such municipality,\nauthority or agency is hereby authorized and empowered to purchase\ninsurance to cover the cost of such defense and indemnification.\n b. The determination of whether any such police officer properly\ndischarged his duties within the scope of his employment shall be made\nin a manner which shall be promulgated by the chief executive officer or\nif there be none, the chief legislative officer, and adopted by the\ngoverning board of such municipality, authority or agency.\n * NB There are 2 § 50-j's\n