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New York Consolidated Laws

N.Y. County Law § 409 (2026)

Actions and proceedings in official capacity

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 409. Actions and proceedings in official capacity. 1. No officer
whose compensation is paid from county funds shall employ an
attorney-at-law to appear and prosecute or defend any civil action or
proceeding brought by or against him in an official capacity whenever
under the provisions of this chapter or other law it is made the duty of
the district attorney or county attorney to prosecute or defend the
same.
  2. All damages recovered against, or costs and expenses lawfully
incurred by any officer whose compensation is paid from county funds in
the prosecution or defense of any civil action or proceeding brought by
or against him for an official act done or for failure to perform an
official act shall be a county charge and shall be audited and paid in
the same manner as other county charges. When the act upon which the
action or proceeding is based was done in good faith, but without
authority of law or authorization of the board of supervisors, the board
of supervisors may audit and pay the same as other county charges.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1985–2022 · leading case: Matter of Scuderi-Hunter v. Cnty. of Del., 202 A.D.3d 1309 (N.Y. App. Div. 3d Dep't 2022).
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Matter of Scuderi-Hunter v. Cnty. of Del., 202 A.D.3d 1309 (N.Y. App. Div. 3d Dep't 2022). “In such case the officer may employ an attorney-at-law at his [*3][or her] own expense unless the provisions of [Public Officers Law § 18] are applicable" ( see County Law § 409; Rules of Professional Conduct [22 NYCRR 1200.”
Putnam Cnty. Legislature v. Duffy, 128 Misc. 2d 519 (N.Y. Sup. Ct. 1985). “) This is, however, not a situation as envisioned by County Law § 409 wherein individual public officials employ counsel when it is the duty of the County or District Attorney to prosecute or defend such action.”
DiJoseph v. Erie Cnty., No. 1:18-cv-00919, 2020 WL 4194136 (W.D.N.Y. July 21, 2020). “The County is liable for its own actions and (by local law and collective bargaining agreement) defends and indemnifies the Sheriff’s Department employees, N.Y. County L. § 409 (1); see Saleh, supra, 2015 U.”
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