Opn. No.

Hon. Vito J. Castellano Major General Chief of Staff to the Governor Division of Military and Naval Affairs

You ask whether an auxiliary police officer recruited under the New York State Defense Emergency Act ("Emergency Act") is authorized to operate a police vehicle.

Auxiliary police are recruited for civil defense functions and may also be used to combat natural and man-made disasters (McKinney's Unconsolidated Laws, § 9123 [22]; Executive Law, Article 2-B). They may exercise peace officer powers only during a period of attack (informal opinion of the Attorney General No. 81-49, construing…