212 - Pay of troops when used in civil disorders.

§ 212. Pay  of  troops when used in civil disorders.  All officers and  enlisted men while on duty, or  assembled  therefor,  by  order  of  the  governor,  upon the request of the sheriff of a county, or in the county  of Nassau the county executive or mayor of a city, in aid of  the  civil  authorities, in case of breach of the peace, riot, resistance to process  of  this  state, disaster, or imminent danger thereof, shall receive the  pay set forth in subdivision one of section  two  hundred  ten  of  this  chapter.    Fifty  percent of such compensation and expenses incurred in  connection with such duty or as a result thereof  including  quartering,  caring  for,  transporting and subsisting the troops, and other expenses  including the  expense  incurred  for  pay,  care,  and  subsistence  of  officers  and  enlisted  men  temporarily  disabled in the line of duty,  while on such duty, as set forth in section two hundred sixteen of  this  chapter,  shall  be  paid  by the county or city at the request of whose  sheriff, or in the county of Nassau the county executive, or  mayor,  as  the  case  may  be,  the military or naval forces of the state have been  heretofore or may hereafter be ordered out.  The balance shall  be  paid  by  the state.  If troops on duty in aid of the civil authorities render  service in more than one county or city, fifty percent of  the  expenses  and  compensation of such troops shall be apportioned among the counties  or cities in which such service is rendered by the officer who  approves  the  vouchers and payrolls of such troops.  The balance shall be paid by  the state.  Upon presentation to the county treasurer of such county  or  the chief fiscal officer of such city where the service was rendered, of  appropriate evidence certified by the state comptroller, that payment of  expenses  including  payment  of troops, has been consummated, provision  shall forthwith be made by the county or  city  to  make  available  the  money  required to reimburse the state for its share of expenses already  paid.   In the city of  New  York,  upon  similar  presentation  to  the  comptroller  of  said  city,  the  money  necessary  to  comply with the  provisions of this section shall forthwith be raised.  Such expenses and  compensation may be paid in the first instance by the state  comptroller  as  an advance subject to subsequent reimbursement by the county or city  or counties or cities in which such service is rendered.  In the event a  county or city shall  fail  to  pay  its  share  of  such  expenses  and  compensation  within  six  months  of the certification to the county or  city by the state comptroller of such cost, the state comptroller  shall  cause  to  be withheld from local assistance moneys to which such county  or city would otherwise be entitled, a sum sufficient to  reimburse  the  state  for  any  amount remaining unpaid.  Any public officer, who shall  neglect or refuse to perform any of the duties required by this  section  including  such  duties as may arise in connection with the financing of  payments required to be made pursuant to the provisions of this section,  shall  be  personally  charged  with  the  costs   and   all   necessary  disbursements  of  any  action  or  proceeding  brought  to  compel such  performance, together with a  reasonable  additional  allowance  to  the  plaintiff  or  relator  in such action or proceeding, to be fixed by the  court.