N.Y. County Law § 409

§ 409. Actions and proceedings in official capacity. 1. No officer\nwhose compensation is paid from county funds shall employ an\nattorney-at-law to appear and prosecute or defend any civil action or\nproceeding brought by or against him in an official capacity whenever\nunder the provisions of this chapter or other law it is made the duty of\nthe district attorney or county attorney to prosecute or defend the\nsame.\n 2. All damages recovered against, or costs and expenses lawfully\nincurred by any officer whose compensation is paid from county funds in\nthe prosecution or defense of any civil action or proceeding brought by\nor against him for an official act done or for failure to perform an\nofficial act shall be a county charge and shall be audited and paid in\nthe same manner as other county charges. When the act upon which the\naction or proceeding is based was done in good faith, but without\nauthority of law or authorization of the board of supervisors, the board\nof supervisors may audit and pay the same as other county charges.\n