Section 7-208. Claims for injuries caused by police while executing legal process or sustained by persons injured while assisting in the apprehension of a criminal  


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  • a. The board of estimate may inquire into,  hear and determine any claim against the city  wherein  compensation  is
      sought for the death of or injury to any person or persons:
        1. which shall have been caused by a police officer of the city, while
      such officer is engaged in arresting or endeavoring to arrest any person
      or  in  retaking  any  person  who has escaped from legal custody, or in
      executing any legal process, or
        2. which shall have been caused by any person who is engaged in or who
      is in the act of leaving the scene of the commission of a felony or  who
      is endeavoring to escape from a police officer or from legal custody, if
      such  death  was caused or injury received in assisting a police officer
      in the performance of the officer's duties.
        b. The board, by a unanimous vote, as a matter of grace and not  as  a
      matter  of  right, may award an amount recommended by the comptroller to
      be paid to the person or persons injured, or in the case of death to the
      person or persons who  would  be  entitled  to  distribution  under  the
      provisions  of  EPTL  5-4.4  or  any  amendments thereto. As a condition
      precedent, however, to consideration by the board, such  claim  must  be
      certified  in  writing  to the board by the comptroller as an illegal or
      invalid claim against the city, but which in the comptroller's  judgment
      it  is  equitable  and  proper  to  pay  in  the amount certified by the
      comptroller; and provided, further, that a written petition stating  all
      the  essential  facts in relation to such injury or death, signed by the
      injured person or persons, or in case of death by a  person  or  persons
      entitled  to  receive  the award or any part thereof, or by the personal
      representatives of a decedent,  shall  be  filed  with  the  comptroller
      within  six  months of the date of the occurrence which resulted in such
      injury or death. The provisions of this section shall not authorize  the
      audit or payment of any claim barred by the statute of limitations.