N.Y. Pub. Auth. Law § 3318

§ 3318. Defense and indemnification. The corporation shall not execute\nany of its powers, including the special powers authorized by section\n3306 of this article, except as necessary to commence its corporate\nexistence, until it has elected to make the provision of section\neighteen of the public officers law applicable to its employees (as such\nterm is defined in section eighteen of the public officers law) pursuant\nto subdivision two of such section; provided, however, that nothing\ncontained within this section shall be deemed to permit the corporation\nto extend the provisions of section eighteen of the public officers law\nupon any independent contractor.\n