N.Y. Military Law Section 235
Relief from civil or criminal liability

  • exemption from civil process
  • security for costs

1.

Members of the militia ordered into the active service of the state pursuant to sections six and seven of this chapter, shall not be liable civilly or criminally, for any act or acts done by them in the performance of their duty. When an action or proceeding of any nature shall be commenced in any court by any person against any officer of the militia for any act done by him in his official capacity in the discharge of any duty under this chapter, or an alleged omission by him to do an act which it was his duty to perform, or against any person acting under the authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence. A defendant, in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding, shall recover treble costs.

2.

No person belonging to the organized militia of the state shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty.

Source: Section 235 — Relief from civil or criminal liability; exemption from civil process; security for costs, https://www.­nysenate.­gov/legislation/laws/MIL/235 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

235
Relief from civil or criminal liability 235‑A
Income and resources not to include agent orange benefits 236
Right of way 237
Free passage through toll-gates and tunnels and over toll-bridges and ferries 238
Converting military property 238‑A
Damaging military or naval equipment, supplies or stores 238‑B
Seizing military stores belonging to the state 238‑C
Wearing of uniforms 239
Trespassers and disturbers to be placed in arrest 240
Military parades and organizations by unauthorized bodies prohibited 240‑A
Historic military commands 241
Devises and bequests 242
Rights of public officers and employees absent on military duty as members of the organized militia or of reserve forces or reserve compo... 243
Provisions applicable to public employees who are absent on military duty 243‑A
Non-contributory retirement service credit for members of the New York state and local retirement systems or the New York state teachers’... 243‑B
Civil service examinations by military personnel 243‑B*2
Payment of certain pension contributions by the city of New York 243‑C
Application period for civil service examinations for military personnel 243‑D
Non-contributory retirement service credit for members of the New York state and local retirement systems, the New York city retirement s... 244
Members of pension system absent on military duty 244‑A
Credit to members of public retirement systems for military service performed during war 245
Retirement allowances of certain war veterans 246
Leave of absence for public employees who are war veterans to continue study 247
Medals and decorations 248
Oaths 249
State and municipal officers and employees granted leaves of absence on July fourth in certain cases 250
Recording certificates of honorable discharge 250‑A
Lt 251
Depriving members of organized militia of employment 252
Discrimination against members of organized militia 253
Military service by parent 254
Video teleconferencing for families of persons ordered to active duty 255
Benefit information for national guard members and families
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 235’s source at nysenate​.gov

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