Section 2350-E. Governmental capacity of the agency and the county  


Latest version.
  • The
      agency and the county, in  carrying  out  their  respective  powers  and
      duties  under this title, shall be deemed to be acting in a governmental
      capacity and in the performance of an essential governmental function.
        The John P. Cohalen court complex when held by the agency  and  either
      leased  to  the  county, used for judicial purposes by the county or the
      state or any state agency or the subject of a service agreement  between
      the agency and the county shall continue to be regarded as being used in
      the  performance  of an essential governmental function. For purposes of
      the judiciary law, or any successor thereto or similar law providing for
      the payment by the state of aid for the construction and, or,  operation
      and  maintenance  of  facilities  for  occupancy by the judiciary of the
      state, including personal functions ancillary thereto, the agency  shall
      be considered a political subdivision of the state and shall be eligible
      to  receive  all  state aid for the John P. Cohalen court complex to the
      same extent as the county.
        The new replacement correctional facility at Yaphank, when held by the
      agency and either leased to the county, used for  correctional  purposes
      by  the  county  or  the  state or any state agency, or the subject of a
      service agreement between the agency and the county shall continue to be
      regarded as being used in the performance of an  essential  governmental
      function.  For  purposes of the correction law, or any successor thereto
      or similar law providing for the payment by the state  of  aid  for  the
      construction  and,  or,  operation  and  maintenance  of  facilities for
      correctional proposes, including personnel functions ancillary  thereto,
      the  agency shall be considered a political subdivision of the state and
      shall be eligible to receive all  state  aid  for  the  new  replacement
      correctional facility at Yaphank to the same extent as the county.