2350-E - Governmental capacity of the agency and the county.
§ 2350-e. Governmental capacity of the agency and the county. The agency and the county, in carrying out their respective powers and duties under this title, shall be deemed to be acting in a governmental capacity and in the performance of an essential governmental function. The John P. Cohalen court complex when held by the agency and either leased to the county, used for judicial purposes by the county or the state or any state agency or the subject of a service agreement between the agency and the county shall continue to be regarded as being used in the performance of an essential governmental function. For purposes of the judiciary law, or any successor thereto or similar law providing for the payment by the state of aid for the construction and, or, operation and maintenance of facilities for occupancy by the judiciary of the state, including personal functions ancillary thereto, the agency shall be considered a political subdivision of the state and shall be eligible to receive all state aid for the John P. Cohalen court complex to the same extent as the county. The new replacement correctional facility at Yaphank, when held by the agency and either leased to the county, used for correctional purposes by the county or the state or any state agency, or the subject of a service agreement between the agency and the county shall continue to be regarded as being used in the performance of an essential governmental function. For purposes of the correction law, or any successor thereto or similar law providing for the payment by the state of aid for the construction and, or, operation and maintenance of facilities for correctional proposes, including personnel functions ancillary thereto, the agency shall be considered a political subdivision of the state and shall be eligible to receive all state aid for the new replacement correctional facility at Yaphank to the same extent as the county.