N.Y. PBH Law § 370

§ 370. Certain cities; duty in case of peril to public health. 1. In\ncase of great and imminent peril to the public health of the city, it\nshall be the duty of the commissioner of health or health officer in\ncities having a population of less than one hundred seventy-five\nthousand, with the approval and consent of the common council or similar\nlegislative authority if it be practicable to convene that authority for\nprompt action, or if not, when approved by the board of estimate and\napportionment or authority of similar powers, to take such measures and\nto do, order or cause to be done such acts and to make such\nextraordinary expenditures, in excess of the sum appropriated to the\ndepartment of health, as provided by law, for the preservation and\nprotection of the public health of such city, as he may deem necessary\nand proper.\n 2. Such peril to public health shall be deemed to exist only when and\nfor such period as the commissioner of health and board of estimate and\napportionment in cities having a population of fifty thousand to one\nhundred seventy-five thousand, and in cities having a population of less\nthan fifty thousand, the health officer and the board of estimate and\napportionment or authority having similar power and the common council\nor similar legislative authority in a city having no board of estimate\nand apportionment or authority with similar power, shall determine.\n