Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 3. ELECTED OFFICIALS |
Chapter 4. BOARD OF ESTIMATE |
Section 3-405. Awards for death or injuries received by persons other than peace officers while attempting to prevent the commission of a crime, preserve the peace or prevent public disturbances
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Direct action on the part of private citizens in preventing crimes against the person or property of others, preserving the peace or preventing public disturbances, benefits the entire public. The mayor is hereby authorized and empowered to make an award for the death of or injury to any person or persons, other than police officers or peace officers, which has been or shall hereafter be caused in attempting to prevent the commission of a crime against the person or property of another, preserve the peace or prevent public disturbances. Such award shall be fixed in the discretion of the mayor as a matter of grace and not as a matter of right, and shall, in the case of personal injuries, be based upon the medical expenses and loss of earnings incurred by such person injured while attempting to prevent the commission of a crime, preserve the peace or prevent public disturbances. In the case of the death of such person, such award shall be made to the surviving spouse or domestic partner, child or other dependent of such person; and the award may be in a single payment, or may be made in periodic payments under provisions similar to those set forth in section 13-244 of this code, which periodic payments may be in an amount not to exceed the amounts payable pursuant to such section as a pension to the surviving spouse or domestic partner, child or other dependent, as the case may be, of a deceased first-grade police officer. Petitions for an award hereunder must be presented to the mayor within six months after the happening of the occurrence which resulted in such injury or death. Before the mayor shall make such payment, he or she shall require the claimant to execute and deliver an assignment to the city, in such form as shall be approved by the corporation counsel, of an amount equal to the payments made or to be made by the city, payable out of the proceeds of any recovery, whether by judgment, settlement or otherwise, against the city or any person or any public or private corporation alleged to have been responsible for said death or injuries.