N.Y. Laws » CHAPTER County / ARTICLE County Attorney
New York Consolidated Laws

N.Y. County Law § 501 (2026)

Duties

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar 
§ 501. Duties. 1. The county attorney shall be the legal advisor to
the board of supervisors and every officer whose compensation is paid
from county funds in all matters involving an official act of a civil
nature. The county attorney shall prosecute and defend all civil actions
and proceedings brought by or against the county, the board of
supervisors and any officer whose compensation is paid from county funds
for any official act, except as otherwise provided by this chapter or
other law. Within the limits of the appropriation, the county attorney
may employ counsel to assist in any civil action or proceeding brought
by or against the county or any county officer in his official capacity.
Upon the appointment of a county attorney no consent or order of the
court shall be necessary to effect a substitution of attorneys.
  2. Whenever the interests of the board of supervisors or the county
are inconsistent with the interests of any officer paid his compensation
from county funds, the county attorney shall represent the interests of
the board of supervisors and the county. In such case the officer may
employ an attorney-at-law at his own expense unless the provisions of
section eighteen of the public officers law are applicable.
  3. The county attorney shall perform such additional and related
duties as may be prescribed by law and directed by the board of
supervisors.
  4. The board of supervisors may include in such directions the
rendering of advice and service to town boards and town officers when
not in conflict with the interests of the county, board of supervisors
or an officer whose compensation is paid from county funds.
  5. The board of supervisors may create the position of confidential
secretary to the county attorney. Such position shall be in the exempt
class of the civil service. The county attorney shall appoint such
confidential secretary, who shall serve at his pleasure.
Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1985–2024 · leading case: Matter of Scuderi-Hunter v. Cnty. of Del., 2022 NY Slip Op 01078 (N.Y. App. Div. 2022).
Sort: Relevance Newest Treatment
Matter of Scuderi-Hunter v. Cnty. of Del., 2022 NY Slip Op 01078 (N.Y. App. Div. 2022). · cites it 2× “2 [12]; County Law § 501 [1]). Under County Law § 501 (1), the County Attorney is the "legal advisor" for the County and its officers, including petitioner.”
In re Eric CC., 298 A.D.2d 632 (N.Y. App. Div. 2002). “We note that petitioner failed to comply with the appropriate time frames for the filing of a brief in this matter, despite repeated reminders by this Court concerning the obligation to timely comply with legislative mandates (see County Law § 501; see generally Matter of Joseph…”
In re Christina LL., 233 A.D.2d 705 (N.Y. App. Div. 1996). “, 209 AD2d 896, 898 ) to be a violation of the County Attorney’s obligation imposed pursuant to County Law § 501 (see, People v Culkin, 233 AD2d 672 [decided herewith]; People v Sawyer, 188 AD2d 939 ).”
Merrill v. Cnty. of Broome, 244 A.D.2d 590 (N.Y. App. Div. 1997). · cites it 2× “Additionally, Supreme Court had found that the County was required to pay for the Sheriffs defense.”
Cnty. of Rockland v. Town of Clarkstown, 167 Misc. 2d 367 (N.Y. Sup. Ct. 1996). · cites it 2× “In County of Sullivan v Town of Thompson ( 99 AD2d 574, 575 ) the Court examined the legal capacity of the County Attorney to institute a civil lawsuit on behalf of the County, and concluded that "[T]he statute [County Law § 501] makes it quite clear that it is the county and…”
Eisenberg v. Dist. Attorney of Cnty. of Kings, 847 F. Supp. 1029 (E.D.N.Y 1994). “” N.Y. County Law § 501 (McKinney 1991). While these provisions, read together, establish that the county attorney routinely is responsible for the defense of the district attorney, they clearly do not in all cases prohibit the district attorney from defending himself in a civil…”
Putnam Cnty. Legislature v. Duffy, 128 Misc. 2d 519 (N.Y. Sup. Ct. 1985). · cites it 2× “04, which states, inter alla, that the Legislature “shall have and exercise all the legislative powers and duties now or hereafter conferred or imposed upon it by this charter * * * by state law, together with all the powers and duties necessarily implied or incidental thereto.”
Niagara Cnty. Civil Serv. Comm'n v. Cnty. of Niagara, 217 A.D.2d 963 (N.Y. App. Div. 1995). “The Commission commenced this proceeding in its official capacity pursuant to Civil Service Law § 102 (3) asserting that respondent acted unlawfully and illegally in adopting Resolution 309-93.”
In re the Est. of Richmond, 187 Misc. 2d 872 (N.Y. Sur. Ct. 2001). “” (County Law § 501 [1]; Broome County Charter § C1702 [C].”
Dooley v. Boyle, 140 Misc. 2d 177 (N.Y. Sup. Ct. 1988). · cites it 5× “(See also, County Law § 501 [1].) Threshold issues are immediately apparent.”
Cnty. of Erie v. M/a-com, Inc., 104 A.D.3d 1233 (N.Y. App. Div. 2013). · cites it 8× “Erie County Charter § 602 and County Law § 501 (1) limit the duties of a County Attorney, insofar as relevant to this appeal, to prosecuting or defending actions brought by or against the County.”
Prospect v. Cohalan, 112 A.D.2d 1018 (N.Y. App. Div. 1985). · cites it 2× “lk County Charter, the County Attorney, who is appointed by the *1021 County Executive subject to legislative approval, is designated as the head of the county’s department of law (Suffolk County Charter § 1501) and is vested with the authority to "prosecute and defend all civil…”
Show all 16 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.