N.Y. Military Law Section 52
Responsibility for public property


1.

Public property of the state and of the United States shall be issued, kept, stored, safeguarded, maintained, inventoried, inspected, surveyed and disposed of; and responsibility and accountability for public property, liability for the loss, damage or destruction thereof and relief from such responsibility, accountability and liability shall be fixed and determined by the chief of staff; as provided in applicable laws of the United States, regulations issued thereunder or regulations issued pursuant to this chapter.

2.

When public property is lost, damaged or destroyed through the negligence or fault of a member of the organized militia, the amount determined as the value of such property or the cost of repairing the same may be collected from any pay or allowance due or to become due him from the state. Such amount may also be collected from the military fund or other allowances payable by the state to the unit of the organized militia to which such member belonged at the time such property was lost, damaged or destroyed, or such amount may be deducted one-half in successive calendar years from any fund, allowance or money due or to become due such unit from the state.

3.

An action may be maintained by the people of the state in any court having jurisdiction thereof by the attorney-general upon the request of the chief of staff to recover from a member or former member of the organized militia found responsible for public property lost, damaged or destroyed through his negligence or fault the amount determined as the value of such property or the cost of repairing the same. Monies so recovered shall be paid into the military fund of the unit to which such member or former member belonged at the time such property was lost, damaged or destroyed.

Source: Section 52 — Responsibility for public property, https://www.­nysenate.­gov/legislation/laws/MIL/52 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 52’s source at nysenate​.gov

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