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 […]
Category: Attorney General Opinions
Informal Opinion No. 88-33
Eric M. Kurtz, Esq. Attorney General of New York — Opinion Dated: April 21, 1988 CITY HOME RULE LAW, § 15 (old); MUNICIPAL HOME RULE LAW, §§ 10 (1) (i), (ii) (a) (1) and (ii) (d) (3), 23 (2) (f); TOWN LAW, §24. A local law which eliminates a town board’s authority to dismiss an […]
Opn. No. 1979-91
Hon. James E. Picken Attorney General of New York — Opinion Dated: January 17, 1979 GENERAL BUSINESS LAW, § 328-a, subd 1-a The County of Nassau may not adopt an office policy that would require the posting of only the minimum and maximum prices of gasoline being dispensed from “blend” pumps. Hon. James E. Picken […]
Informal Opinion No. 83-44
Conrad F. Cropsey, Esq. Attorney General of New York — Opinion Dated: August 23, 1983 PUBLIC OFFICERS LAW §§ 3, 30(4); VILLAGE LAW, § 3-300(1). A member of the village board of trustees must be domiciled within the village in order to continue in office. Domicile is determined by applying the facts of each case. […]
Opn. No. 81-39
Daniel F. Carbone, Esq. Attorney General of New York — Opinion Dated: March 19, 1981 MUNICIPAL HOME RULE LAW, §§ 23, 24; VILLAGE LAW, §§ 2-200 —2-258 (Art 2), 18-1820 — 18-1828, 23-2200 — 23-2208 (Art 23). The procedure provided in former Village Law Article 15-A is a viable method to adopt or discontinue a […]
Opn. No. 1976-190
HON. JOHN N. McCABE Attorney General of New York — Opinion Dated: May 11, 1976 VILLAGE LAW, §§ 4-400(1) (a) and 4-412(2). The Mayor of the Village of Haverstraw does not have the authority to order each of the Trustees of the Village Board to sit in a particular seat at a reorganizational meeting or […]
Opn. No. 83-F3
Honorable James P. Corcoran Attorney General of New York — Opinion Dated: July 7, 1983 INSURANCE LAW, §§ 40, 41(2), (3), 46(18), Art 13, §§ 432(1) and 439(1). A title abstract corporation is engaging in the insurance business where its title reports contain provisions “guaranteeing” or “certifying” the subscriber against all loss not in excess […]
Opn. No. F90-10
Hon. Dr. D. Bruce Johnstone, Chancellor Attorney General of New York — Opinion Issued on: December 3, 1990 CRIMINAL PROCEDURE LAW, §§ 2.10(14), 2.20(1)(a), 140.25, 140.30,690.25(3); EDUCATION LAW, § 355(2)(1); PENAL LAW, §§ 205.05,205.10, 205.15; PUBLIC HOUSING LAW, § 31; L 1980, Ch 843; L 1972,Ch 383; L 1953, Ch 525. The geographical jurisdiction of […]
Opn. No. 98-28
Edwin J. Shoemaker, Esq. Attorney General of New York — Opinion June 29, 1998 VEHICLE AND TRAFFIC LAW §§ 1640-1643, 1660, 1660-a. The provisions of Vehicle and Traffic Law § 1660-a do not extend to mobile home parks; therefore, the Town of Lockport may not erect stop signs within the Leisure Acres Mobile Home Park […]
Opn. No. 1979-121
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, […]
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 […]