Frederick H. Monroe, Esq. Attorney General of New York — Opinion Dated: April 6, 1979 TOWN LAW, Article 12, §§ 61, 64 (2), 174 (6), 176 (14) and 198. The term “district” as used in section 64 (2) of the Town Law refers to the improvement districts discussed in Article 12 of the Town Law, […]
Category: Attorney General Opinions
Informal Opinion No. 84-4
Lawrence J. Zobel, Esq. Attorney General of New York — Opinion Dated: February 14, 1984 ALCOHOLIC BEVERAGE CONTROL LAW, §§ 128, 128-a; 9 NYCRR § 100.1. On-duty police officers may be assigned by their commanding officers to provide security, crowd and traffic control at places licensed for on-premises consumption of alcoholic beverages. The city may […]
Opn. No. 1977-153
HON. MARVIN I. HONIG Attorney General of New York — Opinion Dated: April 14, 1977 GENERAL MUNICIPAL LAW, §§ 801 and 802; HIGHWAY LAW, §§ 62, 65and 118-a. A county which acquires real property pursuant to Highway Law, §62 for highway purposes may dispose of property which is no longer necessary for such purposes only […]
Informal Opinion No. 84-6
John M. Reed, Esq. Attorney General of New York — Opinion Dated: February 14, 1984 TOWN LAW, § 65(1). A town is not authorized to condition approval of special use permits, variances, subdivisions and similar zoning applications upon the agreement of the applicant to compensate the town for its expenses, including attorney’s fees, costs and […]
Formal Opinion No. 89-F7
Hon. Edward V. Regan Attorney General of New York — Opinion Dated: July 7, 1989 CIVIL SERVICE LAW, §§ 154 (former §§ 6[1][c], 71, 80, 82), 204; ESTATES, POWERS AND TRUSTS LAW, §§ 5-1.1(b)(2)(A), 13-3.2; GENERAL MUNICIPAL LAW, § 92; PERSONAL PROPERTY LAW, § 24-a; RETIREMENT AND SOCIAL SECURITY LAW, §§ 51, 60, 90; L […]
Opn. No. I92-10
David J. Gilmartin, Esq., Village Attorney Attorney General of New York — Opinion Issued on: February 13, 1992 NY CONST, ART XVI, § 1. A local government may not impose a tax without a specific delegation oftaxing power by the State Legislature. James D. Cole, Assistant Attorney General Requestor: David J. Gilmartin, Esq., Village Attorney […]
Opn. No. 97-45
Kirk O. Martin, Esq. Attorney General of New York — Opinion October 6, 1997 TOWN LAW §§ 175, 176. The board of fire commissioners may provide the details for preparation of paper ballots, including the procedure for allowance of space for write-ins. JAMES D. COLE, Assistant Attorney General Kirk O. Martin, Esq. Informal Opinion Town […]
Opn. No. I93-57
Robert J. Ponzini, Esq., Village Attorney Attorney General of New York — Opinion Issued on: December 2, 1993 A zoning board of appeals member who has a personal interest in anapplication resulting from her ownership of property in the municipalitymay appear before the planning board and make statements in opposition tothe project. James D. Cole, […]
Opn. No. 81-106
Robert J. Sweeney, Esq. Attorney General of New York — Opinion Dated: August 18, 1981 CIVIL SERVICE LAW, §§ 23 (4-a), 51, 52(1), (2), 61 (1); MUNICIPAL HOME RULE LAW, § 10(1) (ii) (a) (1); PUBLIC OFFICERS LAW, §§ 3, 30; VILLAGE LAW, § 3-300 (1), (2). A village in making appointments from promotional lists […]
Opn. No. 2006-F2
Audrey Samers. Attorney General of New York — Opinion January 25, 2006. GENERAL BUSINESS LAW §§ 349, 511(4), (6), 518; INSURANCE LAW § 9101; PUBLIC LAW NO. 94-222; 15 U.S.C. § 1666f(a)(2) Fees imposed for the payment of insurance premiums by credit card are prohibited by General Business Law § 518. ELIOT SPITZER, Attorney General […]
Formal Opinion No. 86-F5
Hon. Frank W. Dunham, Jr. Attorney General of New York — Opinion Dated: August 26, 1986 46 UNITED STATES CODE 212. A pilot duly licensed by the State of Connecticut and the Federal government may: (1) pilot a vessel through the New York waters of Long Island Sound; and (2) pilot a vessel from a […]
Informal Opinion No. 85-40
Georgia D. Kramer, Esq. Attorney General of New York — Opinion Dated: June 17, 1985 HIGHWAY LAW, §§ 11(7), 19, 45(5), 46; L 1970, Ch 628. Subject to fiscal constraints and within the judgment and discretion of the Commissioner of Transportation, said Department has the responsibility to inspect and prune or remove dangerous trees or […]
Opn. No. 2002-4
Kevin D. Fennell, Esq. Attorney General of New York — Opinion February 19, 2002 N.Y. CONST., ART. VIII, § 1; BATAVIA CITY CHARTER § 3.4. A governmental subdivision may not, consistent with the “gift or loan” prohibition (N.Y. Const., Art. VIII, § 1), reimburse an individual member of a legislative body for litigation expenses incurred […]
Opn. No. I94-15
Robert M. Place, Esq., Town Attorney Attorney General of New York — Opinion Issued on: June 7, 1994 HIGHWAY LAW §§ 171, 201, 205, 211-a, 212-a; VEHICLE AND TRAFFICLAW § 1660 In the absence of specific statutory authority, a municipality may notclose off one of its streets. James D. Cole, Assistant Attorney General Requestor: Robert […]
Opn. No. I90-25
Robert Webster Oliver, Village Attorney Attorney General of New York — Opinion Issued on: March 19, 1990 CIVIL SERVICE LAW, § 75; MUNICIPAL HOME RULE LAW, §§10(1)(ii)(a)(1) and (4)(d), 20, 23, 24, 27; VILLAGE LAW, §§ 18-1820,18-1822, 18-1828. A village board of trustees may establish a village manager formof government under sections 18-1820, et seq. […]
Opn. No. 1980-268
Stephen L. Oppenheim, Esq. Attorney General of New York — Opinion Dated: December 24, 1980 PUBLIC OFFICERS LAW, §§ 86, 87, 89; 28 C.F.R. § 20.30, 20.33,20.38. Under the Freedom of Information Law all records are available to the public except that a municipality may deny access to records within certain categories. In the case […]
Opn. No. 2000-6
Paul B. Dusek, Esq. Attorney General of New York — Opinion May 23, 2000 JAMES D. COLE, Assistant Solicitor General MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(1); TOWN LAW § 24-a; L1981, CH 230. Under section 24-a of the Town Law a town may, by resolution subject to mandatory referendum, increase the term of town supervisor […]
Opn. No. 1976-227
VITO G. DICRISTINA, ESQ. Attorney General of New York — Opinion Dated: July 19, 1976 VILLAGE LAW, §§ 3-312(3[a]), 4-400(1[c]); PUBLIC OFFICERS LAW,§§ 5, 42(5). Filling vacancy in appointive village office There is no such thing in the contemplation of the law as a hold over vacancy which continues beyond the normal expiration date of […]
Opn. No. 1976-235
HON JOSEPH A. SPANO Attorney General of New York — Opinion Dated: August 5, 1976 FAMILY COURT ACT, § 254 (a). In view of the provisions of the above section, the holding of the office of Corporation Counsel of the City of Port Jervis or Assistant Corporation Counsel of the City of Newburgh, and the […]
Informal Opinion No. 87-91
Carl E. Mooradian, Esq. Attorney General of New York — Opinion Dated: December 29, 1987 GENERAL MUNICIPAL LAW, § 593; MUNICIPAL HOME RULE LAW, §§ 2, 10(1)(ii)(c)(1), 23, 24, 36, 37; NIAGARA FALLS CITY CHARTER, § 4.8(b); L 1916, Ch 530. A city may not amend a new city charter approved at a referendum after […]