Benjamin A. Russell, Esq. Attorney General of New York — Opinion Dated: March 23, 1989 NOT-FOR-PROFIT CORPORATION LAW, §§ 402(c), 801, 1402(a). A village fire corporation’s certificate of incorporation must be amended to permit directors to live outside the village and to permit the corporation to operate outside the village. Benjamin A. Russell, Esq. Fire […]
Category: Attorney General Opinions
Opn. No. 84-F19
Attorney General of New York — Opinion EDUCATION LAW, § 6306(1); GENERAL CONSTRUCTION LAW, § 41; SOIL AND WATER CONSERVATION DISTRICTS LAW, § 4(1). A majority of the voting members of the Soil and Water Conservation Committee constitutes a quorum for the conduct of business. Ex officio members may hold offices but may not make […]
Opn. No. 2003-15
Richard W. Hoyt, Esq. Attorney General of New York — Opinion October 28, 2003 GENERAL BUSINESS LAW § 599-a; HIGHWAY LAW §§ 10, 102, 193, 194, 195; VEHICLE AND TRAFFIC LAW §§ 153, 1621, 1680, 1682; 17 N.Y.C.R.R. Part V, § 200.9(b) Installation of a speed bump on a town highway is not prohibited by […]
Opn. No. 82-76
Anderson Wise, Esq. Attorney General of New York — Opinion Dated: October 6, 1982 NY CONST, Art XIII, § 3; PUBLIC OFFICERS LAW, §§ 5, 9, 30(1)(b); TOWN LAW, § 42; VILLAGE LAW, §§ 3-302(1), 3-312(3) and (4), 4-400(1)(h). The resignation of the mayor of a village creates a vacancy in office that must be […]
Informal Opinion No. 85-62
John A. Costa, Esq. Attorney General of New York — Opinion Dated: August 9, 1985 TOWN LAW, § 267(2), (3) and (4). An appeal of a zoning matter to the town zoning board of appeals stays all town proceedings in furtherance of the action appealed from unless it is certified that a stay would cause […]
Informal Opinion No. 85-63
Richard M. Gardella, Esq. Attorney General of New York — Opinion Dated: August 9, 1985 CRIMINAL PROCEDURE LAW, §§ 150.10, 150.20(3); MUNICIPAL HOME RULE LAW, § 10(4)(a); VEHICLE AND TRAFFIC LAW, §§ 1600, 1670. A village board may authorize the issuance of appearance tickets to enforce traffic regulations. The board may not, however, delegate the […]
Opn. No. 1981-57
Dr. Dolores E. Cross Attorney General of New York — Opinion Dated: November 5, 1981 CPLR, § 5231; LABOR LAW, § 193 (1) (a) and (b). There is no authority, prior to judgment, for the deduction from the salary of a State employee of the amount of his debt on a defaulted student loan. Dr. […]
Opn. No. 1979-174
Hon. Dennis V. Tobolski Attorney General of New York — Opinion Dated: June 27, 1979 AGRICULTURE AND MARKETS LAW, §§ 109, 109-a; PUBLIC HEALTH LAW,§§ 2145, 308. A county may not, by amendment of its Health Code, require rabies vaccinations for all dogs after the State Commissioner has removed the designation of the county as […]
Informal Opinion No. 85-18
Gerald E. DeFilippo, Esq. Attorney General of New York — Opinion Dated: March 21, 1985 CIVIL SERVICE LAW, §§ 35(e), 75. A fire chief who is in the unclassified service is not entitled to the protection afforded by section 75(1)(b) of the Civil Service Law. Gerald E. DeFilippo, Esq. Corporation Counsel, Elmira You have asked […]
Opn. No. 83-F6
Honorable William J. Connelie Attorney General of New York — Opinion Dated: July 8, 1983 EXECUTIVE LAW, §§ 74, 210; PUBLIC OFFICERS LAW, §§ 73(1) and (4), 74(1) and (3)(h); L 1954, Chs 695 and 696. A State agency should not lease a building from one of its officers or employees. Honorable William J. Connelie […]
Opn. No. I90-6
Richard B. Wolf, Deputy Town Attorney Attorney General of New York — Opinion Issued on: February 7, 1990 TOWN LAW, § 130(5). The positions of paid firefighter of a fire department of a firedistrict and assistant town fire inspector are compatible. James D. Cole, Assistant Attorney General Requestor: Richard B. Wolf, Deputy Town Attorney Town […]
Informal Opinion No. 83-52
Arthur M. Kahn, Esq. Attorney General of New York — Opinion Dated: September 12, 1983 MUNICIPAL HOME RULE LAW, § 10(1)(ii)(a)(1). Unless authorized by local law, one person may not hold simultaneously the positions of assessor and clerk to the board of assessors. This incompatibility is not eliminated if the person serves as clerk without […]
Opn. No. 1976-336
ROBERT F. SILKEY, ESQ. Attorney General of New York — Opinion Dated: December 29, 1976 TOWN LAW §§ 170-189 (Article 11); REAL PROPERTY TAX LAW §§ 485,485-b A fire district has no power to tax real property, no power to assess real property and no power to grant or withhold a real property tax exemption. […]
Opn. No. 2002-12
J. Douglas McManus, Jr., Esq. Attorney General of New York — Opinion March 21, 2002 N.Y. CONST., ART IX, § 2; ARTS CULTURAL AFFAIRS LAW § 61.11; EXECUTIVE LAW § 837; LABOR LAW § 201-a; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(1), (3), (12); PUBLIC HEALTH LAW ART. 28, §§ 2800, 2801, 2812; SOCIAL SERVICES LAW […]
Opn. No. 99-23
Howard I. Krantz, Esq. Attorney General of New York — Opinion August 16, 1999 TOWN LAW § 175(3); VILLAGE LAW §§ 3-300(3), 10-1006(2). An elected trustee of a village, who is also a member of the village volunteer fire department, may be appointed as a member of the board of fire commissioners of the village […]
Opn. No. I93-47
Harvey A. Arnoff, Esq., Town Attorney Attorney General of New York — Opinion Issued on: September 8, 1993 TOWN LAW § 271. The appointment of agricultural members to a town planning board does notincrease the number of positions on the board. The members would assumeone of the five or seven positions. James D. Cole, Assistant […]
Informal Opinion No. 87-72
Richard H. Edwards, Esq. Attorney General of New York — Opinion Dated: September 4, 1987 A county tax map technician may be privately employed as a real estate salesman as long as he recuses himself from working on real estate transfers in which he has an interest. Richard H. Edwards, Esq. County Attorney, Franklin You […]
Informal Opinion No. 83-29
Gerald R. Kane, Esq. Attorney General of New York — Opinion Dated: April 29, 1983 MUNICIPAL HOME RULE LAW, §§ 2(5) and (12), 10(1)(ii)(a)(1); PUBLIC OFFICERS LAW, §§ 3(1) and 30(1)(d); VILLAGE LAW, § 3-300 (2), (7) and (8). A village may enact a local law authorizing the board of trustees to provide that the […]
Opn. No. 2011-8
Guy K. Krogh. Attorney General of New York — Opinion July 20, 2011. Penal Law §§ 270.00, 270.00(2), 405.00, 405.00(1), 405.00(2), 405.00(2)(a), 405.00(2)(b), 405.00(2)(e), 405.00(2)(g), 405.00(3), 405.00(3-a), 405.00(4), 405.00(5); Municipal Home Rule Law § 10(1)(i)(d)(3) Approval and issuance of a fireworks display permit is a discretionary act. Failure to grant a permit by the time […]
Opn. No. 82-2
David J. Marshall, Esq. Attorney General of New York — Opinion Dated: January 15, 1982 NY CONST, Art IX, § 2(c)(i), (ii)(1) and (10); CRIMINAL PROCEDURE LAW, §§ 2.10(1), 2.30, 140.25; MUNICIPAL HOME RULE LAW, §10(1)(i), (ii)(a)(1) and (12); L 1980, Ch 843. A village by local law may establish the position of constable. Village […]