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emergencies such as an attack in the State. DEA § 9102. Section 9193(1) of the DEA
provides for immunity for actions taken by "the state, any political subdivision, municipal
or volunteer agency . . . in good faith carrying out, complying with or attempting to
comply with any . . . order duly promulgated or issued" pursuant to the statute and
relating to "civil defense." Id. § 9193. Pursuant to the DEA, these governmental entities
"shall not be liable for any . . . damage to property." Id.
The DEA defines "civil defense" as "all those activities and measures
designed or undertaken (1) to minimize the effects upon the civilian population caused or
which would be caused by an attack[.]" DEA § 9103(5). The DEA further defines "civil
defense" to include "... measures to be taken in preparation for anticipated attack
including . . . the construction or preparation of shelters and control centers." Id. OEM
and its command center were created pursuant to this statute. See Exec. Order No. 30.
The creation of the OEM command center and its backup generator
system qualifies as a civil defense measure, namely, the "construction or preparation of
... control centers," under the DEA. DEA § 9103(5). Although the DEA "reflect[s]
what was perceived at the time to be the imminent threat of atomic conflict with
communist nations and the concomitant need for a comprehensive plan to ensure the
survival of the State's citizens in the event of foreign attack," Fitzgibbons v. County of
Nassau, 541 N.Y.S.2d 845, 847 (2d Dep't 1989), the statute is not limited to a particular
time or a particular threat. Indeed, the legislative findings, incorporated into the text of
the statute, show that the statute was based upon a broad notion of an "enemy attack"
using any kind of weapon capable of inflicting mass injury. Thus, the DEA defines
"attack" broadly as:
