N.Y. Volunteer Firefighters’ Benefit Law § 40

§ 40. Notice of injury or death. Notice of an injury or death for\nwhich benefits are to be paid or provided under this chapter shall be\ngiven to the political subdivision liable for the payment thereof within\nninety days after such injury or death except that such notice need not\nbe given if a claim is filed pursuant to section forty-one of this\nchapter within ninety days after such injury or death. Either such\nnotice may be given by any person claiming to be entitled to such\nbenefits or by someone in his behalf. The notice shall be in writing,\nshall contain the name and address of the volunteer fireman, and state\nin ordinary language the time, place, nature and cause of the injury and\nshall be signed by him or by a person on his behalf or, in case of\ndeath, by any one or more of his dependents, or by a person on their\nbehalf. The notice shall be given to the clerk of the board of\nsupervisors of the county, the comptroller or chief financial officer of\nthe city, the town clerk of the town, the clerk of the village or the\nsecretary of the fire district, as the case may be, by delivering it to\nsuch officer or by registered letter properly addressed to such officer.\nThe failure to give notice of injury or notice of death shall be a bar\nto any claim under this chapter unless such failure is excused by the\nworkmen's compensation board on any of the following grounds, (1) that\nfor some sufficient reason the notice could not have been given, (2)\nthat a member of a body in charge of, or any officer of, the fire\ndepartment or fire company had knowledge within such ninety-day period\nof the injuries or death, (3) that the political subdivision, or its\ninsurance carrier had not been prejudiced by a delay in giving such\nnotice, or (4) that the cause of disablement or death was not known to\nbe the result of service performed in line of duty as a volunteer\nfireman in sufficient time to comply with the provisions of this\nsection.\n