NYCL AGO 95-47.

• Case Date: September 26, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-47. September 26, 1995Informal Opinion No. 95-47Dennis V. Tobolski, Esq. County Attorney County of Cattaraugus 303 Court Street Little Valley, NY 14755GENERAL MUNICIPAL LAW §§ 209, 209-a, 461(1), 462(2), 463, 466, 469.The county may enter a mutual aid agreement with a county from another state pursuant to General Municipal Law Article 14-G, which permits interlocal agreements in specified circumstances.Dear Mr. Tobolski: You have asked whether Cattaraugus County may enter a mutual aid agreement with Potter County, Pennsylvania. You note that the Director of the Potter County Department of Emergency Services has contacted your Office of Emergency Services to discuss the feasibility of such an agreement. In a telephone conversation, you indicated that in your county the Office of Emergency Services coordinates the provision of firefighting, ambulance and other emergency service by municipalities within the county. You explain that under the proposed mutual aid agreement, firefighters from fire companies or districts within your county would provide assistance at fires in Potter County. Similarly, local emergency service units would offer emergency service in Potter County in the event of floods, tornadoes or other natural disasters. Potter County units would provide like services in your county. You also ask whether the authorization of county mutual aid plans in General Municipal Law § 209-j includes a plan like the one you propose, which crosses state lines. We believe your county may enter a mutual aid agreement with Potter County. The authority for such an agreement is contained in provisions other than the one you cite, General Municipal Law § 209-j. General Municipal Law § 209-j states:

The board of supervisors in any county may appropriate and expend such sums as it may deem necessary and proper for the establishment and maintenance of a county mutual aid plan in cases of fire and other emergencies in which the services of firemen would be used and may prescribe the method of auditing or approving expenditures under any such appropriation. Expenses incurred by any city, town, village or fire district participating in such mutual aid plan shall be a lawful municipal or fire district charge to be paid in the same manner as other like charges.

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