Hon. Orin Lehman, Commissioner Attorney General of New York — Opinion Issued on: August 4, 1992 PARKS, RECREATION AND HISTORIC PRESERVATION LAW, ART 27,§§ 27.01, 27.03, 27.11; PENAL LAW §§ 235.20(2), 245.01;9 NYCRR § 375.1(q). While the Court of Appeals decision in People v Santorelli (sl opn,7/7/92, #115) would appear to signal the Court’s unwillingness […]
Category: Attorney General Opinions
Opn. No. 98-25
Vincent J. Sorrentino, Esq. Attorney General of New York — Opinion June 24, 1998 TOWN LAW §§ 39, 130; VEHICLE AND TRAFFIC LAW §§ 133, 118, 1600, 1604, 1660-a, 1662-a. The provisions of the Vehicle and Traffic Law do not give a town authority to enact a local law establishing a fifteen mile per hour […]
Informal Opinion No. 83-67
J. Phillip Zand, Esq. Attorney General of New York — Opinion Dated: November 30, 1983 GENERAL MUNICIPAL LAW, § 204-d; PENAL LAW, §§ 195.05, 195.15; TOWN LAW, § 176-a(1); VILLAGE LAW, § 10-1018. In instances of concurrent police department and fire department jurisdiction, the determination as to which of the two has primary jurisdiction over […]
Opn. No. 96-10
Charles E. Drake, Esq. Attorney General of New York — Opinion March 11, 1996 LOCAL FINANCE LAW §§ 10.00(a), 11.00(a)(33), 29.00(d), 35.00(b)(4); GENERAL MUNICIPAL LAW § 808; PUBLIC OFFICERS LAW § 18. Litigation by a member of a county board of supervisors against a county official who is eligible to receive defense and indemnification by […]
Opn. No. I93-52
Ivan Kline, Esq., Town Attorney Attorney General of New York — Opinion Issued on: October 28, 1993 TOWN LAW § 267(5) and (7). The reduction of the membership of a town zoning board of appeals fromseven to five members does not abbreviate terms extended until the end ofthe calendar year. James D. Cole, Assistant Attorney […]
Opn. No. 1977-89
RONALD P. BENNETT, ESQ. Attorney General of New York — Opinion Dated: January 28, 1977 TOWN LAW §§ 20, 31, present TOWN LAW § 60 as effective untilJuly 1, 1977 COMPOSITION AND MEMBERSHIP OF TOWN BOARDS TOWN JUSTICES MAY NOT RESIGN THEIR TOWN BOARD DUTIES IN TOWNS OF THE SECOND CLASS There is no such […]
Informal Opinion No. 87-34
Ralph W. Nash, Esq. Attorney General of New York — Opinion Dated: April 20, 1987 PENAL LAW, § 405.00; L 1940, Ch 387. A city may not issue a permit for public display of fireworks pursuant to conditions which are violative of the requirements contained in Penal Law, § 405.00. Ralph W. Nash, Esq. City […]
Opn. No. I90-74
Paul Schwartzberg, Esq., Town Planning Board Attorney Attorney General of New York — Opinion Issued on: November 7, 1990 MUNICIPAL HOME RULE LAW, §§ 10(1)(ii)(a)(12), (14) and (d)(3);STATUTE OF LOCAL GOVERNMENTS, § 10(6); TOWN LAW, § 277. A town planning board may condition the approval of proposed subdivisionsupon the provision of fire hydrants in accordance […]
Opn. No. 2002-20
Lorna Goodman, Esq. Attorney General of New York — Opinion December 10, 2002 CPLR § 2219; CRIMINAL PROCEDURE LAW § 610.10; DOMESTIC RELATIONS LAW § 235; JUDICIARY LAW § 90(10); 22 N.Y.C.R.R. § 691.5. A subpoena issued by the Grievance Committee and signed by the Clerk of the Appellate Division does not supplant the requirement […]
Informal Opinion No. 85-81
Ilan S. Schoenberger, Esq. Attorney General of New York — Opinion Dated: December 19, 1985 COUNTY LAW, § 400(6) and (7); PUBLIC OFFICERS LAW, § 31. Judges of the unified court system submit their resignations to the chief administrator of the courts. Ilan S. Schoenberger, Esq. County Attorney, Rockland Your senior assistant county attorney has […]
Opn. No. 1981-64
Hon. Richard Ravitch Attorney General of New York — Opinion Dated: September 9, 1981 PUBLIC AUTHORITIES LAW, § 1265 (7); STATE FINANCE LAW, § 174(1); 49 C.F.R. PART 23; FEDERAL REGISTER, VOL. 45, NO. 63, MARCH 31,1980, p 21173; FEDERAL REGISTER, VOL. 45, NO. 130, JULY 3, 1980, p45286. There is no provision of State […]
Informal Opinion No. 85-46
John M. Sipos, Esq. Attorney General of New York — Opinion Dated: June 17, 1985 US CONST, Art I, § 8, cl 17; STATE LAW, §§ 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 50(1) and (2), 51(1), 52, 54; 40 U.S.C. § 255. The Federal government may acquire […]
Opn. No. I91-62
Ilan S. Schoenberger, Esq., County Attorney Attorney General of New York — Opinion Issued on: September 5, 1991 COUNTY LAW §§ 501, 502. The offices of assistant county attorney and deputy town attorney arecompatible. An individual holding both positions, however, would have torecuse himself from participating in any matter which involvedconflicting county and town duties. […]
Opn. No. 1978-85
Hon. Paul B Bergins Attorney General of New York — Opinion Dated: January 17, 1978 PENAL LAW, ARTICLE 235; PENAL LAW, § 245.11; NEW YORK STATECONSTITUTION, ARTICLE IX, § 2 (c) (ii) Penal Law, Article 235 and Penal Law, § 245.11 constitute a general law within the meaning of New York State Constitution, Article IX, […]
Informal Opinion No. 86-10
Verner M. Ingram, Jr., Esq. Attorney General of New York — Opinion Dated: March 19, 1986 MUNICIPAL HOME RULE LAW, § 10(1) (ii) (a) (12) and (4) (a); VEHICLE AND TRAFFIC LAW, §§ 1600, 1604; VILLAGE LAW, §§ 4-412, 8-800, 8-802. A village has the authority to prohibit, by local law, parking on the lawns […]
Opn. No. 1980-207
Hon. Richard I. Cantor Attorney General of New York — Opinion Dated: August 4, 1980 GENERAL CITY LAW, § 20(5); POUGHKEEPSIE CITY CHARTER, § 48;VEHICLE AND TRAFFIC LAW, § 385. If City of Poughkeepsie employees, who are driving city trucks are arrested in a nearby town on charges of operating overweight vehicles, even though they […]
Opn. No. 1978-103
Hon. Marvin I. Honig Attorney General of New York — Opinion Dated: February 15, 1978 42 USCA, § 3025; NEW YORK STATE CONSTITUTION, Article I, § 11and Article VIII, § 1; EXECUTIVE LAW, § 536-a; GENERAL MUNICIPALLAW, §§ 95-a and 99-h. A county department for the aging is authorized to provide direct legal services to […]
Opn. No. 1977-241
HOW. CHARLES J. WERGER Attorney General of New York — Opinion Dated: September 7, 1977 PERSONAL PROPERTY LAW §§ 253(7), 254(3), 258. The Town Police are not authorized to turn over to individuals, unclaimed property previously deposited with the Police Department by other individuals as abandoned or lost along the town highway. HOW. CHARLES J. […]
Opn. No. 1979-42
Raymond Radzivila Attorney General of New York — Opinion Dated: July 2, 1979 PUBLIC AUTHORITIES LAW, §§ 453(14), 453(18), 453(19), 458(2) The East Hudson Parkway Authority is authorized to provide the essential service of operating a gasoline station on the Taconic State Parkway with its own personnel, in the event it is unable to secure […]
Opn. No. 1976-213
HON. WALTER E. BURKE Attorney General of New York — Opinion Dated: June 17, 1976 VEHICLE AND TRAFFIC LAW, §§ 134, 375 (35[a], 35-a) For the Purposes specified in Vehicle and Traffic Law, § 375, a city street is a public highway and the provisions of Vehicle and Traffic Law, § 375, relating to public […]