Opn. No.

Hon. William C. Hennessy Chairman NYS Disaster Preparedness Commission

You have asked whether Article 2-B of the Executive Law, "State and Local Natural and Man-Made Disaster Preparedness", or any other statute, provides immunity from liability for local chief executives, officers and employees when operating within the scope of their duties in the case of a local state of emergency.

Article 2-B is designed to coordinate state and local government actions to cope with disasters. Pursuant to this statute, county and city chief executives are authorized to develop and prepare disaster…