N.Y. Pub. Auth. Law § 3417

§ 3417. Defense and indemnification. The corporation shall not\nexecute any of its powers, including the special powers authorized by\nsection thirty-four hundred five of this article, except as necessary to\ncommence its corporate existence, until it has elected to make the\nprovisions of section eighteen of the public officers law applicable to\nits employees (as such term is defined in section eighteen of the public\nofficers law) pursuant to subdivision two of such section; provided,\nhowever, that nothing contained within this section shall be deemed to\npermit the corporation to extend the provisions of section eighteen of\nthe public officers law upon any independent contractor.\n