New York Laws
Article 2 - Commissioner of Transportation
10-A - Special Powers of the Commissioner of Transportation.

(b) Notwithstanding any other provision of law, general or special or
local, for capacity and infrastructure improvements to county, town,
city or village roads, highways, parkways and bridges, the municipality
with jurisdiction over the project shall enter into an agreement with
the department of transportation for the conveyance of all affected real
property including highways, roads, parkways and bridges to the thruway
authority, for the term of the bonds or notes issued by the thruway
authority, or its successor agency, for such project or for such lesser
period that such bonds or notes are outstanding. During the period of

such conveyance to the thruway authority, the department of
transportation or the municipality shall agree to maintain the facility
in a state of good repair, the responsibility for which shall be with
the state, or municipality, which had jurisdiction over said facility
prior to such agreement.
9. The attorney general shall pass upon the form and sufficiency and
manner of execution of any lease, mortgage or deed of conveyance
executed by the commissioner of transportation pursuant to the
provisions of subdivision eight of this section.
10. As used in this section "reconditioning and preservation" shall
mean resurfacing of existing pavements to correct structural
deficiencies or substandard riding characteristics; the sealing of
pavements; the treatment of highway pavements to improve skid
resistance; modification of roadway geometrics for improvement of
operational safety; the improvement of highway appurtenances including
but not limited to shoulders, guiderail systems, slopes, traffic control
devices, sidewalks, curbs, drainage systems; retaining and sustaining
walls; removal of hazards and/or their replacement or correction by the
use of recognized and approved safety or protective devices; bridge
painting and improvement including structural rehabilitation or
replacement.
11. As used in this section "traffic operations program" shall mean
the program authorized by subdivision thirty-four of section ten of the
highway law.
12. Subject to the approval of the director of the budget, the
commissioner is authorized to pledge and assign to the New York state
thruway authority federal moneys to be paid to the state as
reimbursement for the federal share of expenditures.
13. (a) The state shall defend any unit, entity, officer or employee
of the New York state thruway authority using the forces of the
department of law in any action, proceeding, claim, demand or the
prosecution of any appeal arising from or occasioned by the acts or
omissions to act in the performance of the functions of the department
pursuant to a shared services agreement.
(b) Defense pursuant to paragraph (a) of this subdivision shall be
conditioned upon the full cooperation of the New York state thruway
authority.
(c) The state shall indemnify and hold harmless any unit, entity,
officer or employee of the New York state thruway authority in the
amount of any judgment obtained against the New York state thruway
authority or in the amount of any settlement the New York state thruway
authority enters into with the consent of the state for any and all
claims, damages or liabilities arising from or occasioned by the acts or
omissions to act of the department pursuant to a shared services
agreement, provided, however, that the act or omission from which such
judgment or settlement arose occurred while the department was acting
within the scope of its functions pursuant to a shared services
agreement. Any such settlement shall be executed pursuant to section
twenty-a of the court of claims act.
(d) Any claim or proceeding commenced against any unit, entity,
officer or employee of the department pursuant to any shared services
agreement shall not be construed in any way to impair, alter, limit,
modify, abrogate or restrict any immunity available to or conferred upon
any unit, entity, officer or employee of the department, or to impair,
alter, limit, modify, abrogate or restrict any right to defense and
indemnification provided for any governmental officer or employee by, in
accordance with, or by reason of, any other provision of state or
federal statutory or common law.
(e) This subdivision shall not in any way affect the obligation of any
claimant to give notice to the state under sections ten and eleven of
the court of claims act or any other provision of law provided, however,
that notice served upon the state or the authority shall be valid notice
on both parties to the agreement, when such claim arises out of such
agreement. The state and authority shall notify each other when they
receive a notice of claim, notice of intention to make a claim or a
claim arising out of such agreement.
(f) The provisions of this subdivision shall not be construed to
impair, alter, limit or modify the rights and obligations of any insurer
under any insurance agreement.
(g) Notwithstanding any other provision of law, employees of the
thruway authority, its subsidiaries and the department shall be deemed
employees of all such entities and the state for purposes of the
workers' compensation law.
(h) Any payment made pursuant to this subdivision or any monies paid
for a claim against or settlement with the department or the New York
state thruway authority pursuant to this section and pursuant to a
shared services agreement shall be paid from appropriations for payment
by the state pursuant to the court of claims act.