180 - Armories and other facilities in the city of New York.

§ 180. Armories and other facilities in the city of New York.  1.  All  armories  and  other  facilities  located  in  the  city of New York and  devoted to the use of the organized militia, title to which is vested in  the corporation of the city of  New  York,  and  all  armory  equipment,  furnishings,  materials  and  other  property  furnished  or supplied to  armories in the city of New York by such city or otherwise  pursuant  to  the provisions of this chapter as existing prior to July first, nineteen  hundred  forty-two  shall  continue to be available, used and applied to  and for armory  or  other  military  purposes  in  accordance  with  the  provisions  of  this  chapter, without charge by the city of New York to  the state notwithstanding any provision of this chapter or other law.    2. The state or the United States or the state and the  United  States  acting  jointly  is  or  are  hereby authorized, as the adjutant general  shall determine to be  necessary  and  provided  that  funds  have  been  appropriated or provided by the state or by the United States or by both  for  such  purposes,  to  construct  or  demolish an armory or building,  structure or facility for the  use  of  the  organized  militia  and  to  reconstruct, repair, rehabilitate, improve, equip, furnish, maintain and  operate  such  armory,  building, structure or facility on land owned by  the city of New York and available, used and applied to and  for  armory  purposes or other military purposes. Such armory, building, structure or  facility shall be available, used and applied to and for armory or other  military purposes without charge by the city of New York to the state or  to  the  United  States.  The  cost  of  such  construction, demolition,  reconstruction,   repair,   rehabilitation,   improvement,    equipping,  furnishing,   maintenance   and  operation  of  such  armory,  building,  structure or facility shall be borne by  the  state  or  by  the  United  States or jointly by both and not by the city of New York.    3.  Notwithstanding the provisions of subdivision one of this section,  any armory located in the city of New York and devoted to the use of the  organized militia, title to which is vested in the  corporation  of  the  city  of  New  York,  may  be  released  to  the city of New York by the  adjutant general, acting for and on behalf and in the name of the people  of the state of New York, upon such terms and conditions  and  for  such  consideration  arrived  at  after  an  appraisal,  as may be agreed upon  between such city and the adjutant general and approved by the  director  of  the  budget.  A  release  hereby authorized shall be executed by the  adjutant  general  under  his  official  seal  and,  upon   being   duly  acknowledged  by  him  and  such  acknowledgment  duly certified, may be  recorded in the office of the clerk or register of the county where such  armory is situated; provided, however, that such release  shall  not  be  valid  without  the  approval thereof by the attorney general, as to its  form and manner of execution, endorsed thereon or annexed  thereto.  All  moneys  paid  by  the city of New York for the release herein authorized  shall be received by the state comptroller and deposited by him  to  the  credit  of the capital projects fund established by section ninety-three  of the state finance law and shall be available, after appropriation  by  the legislature, only for construction, reconstruction or improvement of  armory facilities, including acquisition of real property, if required.