§ 180. Armories and other facilities in the city of New York. 1. All armories and other facilities located in the city of New York and devoted to the use of the organized militia, title to which is vested in the corporation of the city of New York, and all armory equipment, furnishings, materials and other property furnished or supplied to armories in the city of New York by such city or otherwise pursuant to the provisions of this chapter as existing prior to July first, nineteen hundred forty-two shall continue to be available, used and applied to and for armory or other military purposes in accordance with the provisions of this chapter, without charge by the city of New York to the state notwithstanding any provision of this chapter or other law.

2. The state or the United States or the state and the United States acting jointly is or are hereby authorized, as the adjutant general shall determine to be necessary and provided that funds have been appropriated or provided by the state or by the United States or by both for such purposes, to construct or demolish an armory or building, structure or facility for the use of the organized militia and to reconstruct, repair, rehabilitate, improve, equip, furnish, maintain and operate such armory, building, structure or facility on land owned by the city of New York and available, used and applied to and for armory purposes or other military purposes. Such armory, building, structure or facility shall be available, used and applied to and for armory or other military purposes without charge by the city of New York to the state or to the United States. The cost of such construction, demolition, reconstruction, repair, rehabilitation, improvement, equipping, furnishing, maintenance and operation of such armory, building, structure or facility shall be borne by the state or by the United States or jointly by both and not by the city of New York.

3. Notwithstanding the provisions of subdivision one of this section, any armory located in the city of New York and devoted to the use of the organized militia, title to which is vested in the corporation of the city of New York, may be released to the city of New York by the adjutant general, acting for and on behalf and in the name of the people of the state of New York, upon such terms and conditions and for such consideration arrived at after an appraisal, as may be agreed upon between such city and the adjutant general and approved by the director of the budget. A release hereby authorized shall be executed by the adjutant general under his official seal and, upon being duly acknowledged by him and such acknowledgment duly certified, may be recorded in the office of the clerk or register of the county where such armory is situated; provided, however, that such release shall not be valid without the approval thereof by the attorney general, as to its form and manner of execution, endorsed thereon or annexed thereto. All moneys paid by the city of New York for the release herein authorized shall be received by the state comptroller and deposited by him to the credit of the capital projects fund established by section ninety-three of the state finance law and shall be available, after appropriation by the legislature, only for construction, reconstruction or improvement of armory facilities, including acquisition of real property, if required.