Gregory L. Folchetti Attorney General of New York — Opinion July 30, 2008. County Law §§ 150, 150-a; Town Law §§ 24, 24-a, 80; Municipal Home Rule Law §§ 10, 10 (1) (ii) (a) (1), 10 (1) (ii) (d) (3), 22(1), 23(1), 23(2) (e) A town may increase the term of the town supervisor who […]
Category: Attorney General Opinions
Opn. No. 2001-F2
Hon. Margaret R. DeFrancisco Attorney General of New York — Opinion October 12, 2001 GENERAL CONSTRUCTION LAW §§ 19, 110; MCKINNEY’S CONSOLIDATED LAWS OF NEW YORK, STATUTES, §§ 42, 235; L. 2001, CH. 118. The provisions of the Tax Law extended by Laws 2001, ch. 118, part NN, pertaining to the Quick Draw Lottery, remain […]
Informal Opinion No. 83-3
Joseph A. Drago, Esq. Attorney General of New York — Opinion Dated: January 28, 1983 GENERAL CONSTRUCTION LAW, § 41; PLATTSBURGH CITY CHARTER, §§ 23 and 36; McKINNEY’S STATUTES, §§ 97 and 98; L 1902, Ch 269. Discussion of provisions of the Plattsburgh City Charter relating to voting requirements for the common council. Joseph A. […]
Informal Opinion No. 84-1
Richard A. Ehlers, Esq. Attorney General of New York — Opinion Dated: February 14, 1984 VEHICLE AND TRAFFIC LAW, §§ 1203-c, 1204, 1660-a. Vehicle and Traffic Law, § 1660-a permits a town board to regulate parking for the handicapped in private housing complexes upon receipt of a written request from the complex owner or other […]
Opn. No. 1980-241
Robert I. Williamson, Esq. Attorney General of New York — Opinion Dated: December 3, 1980 COUNTY LAW, §§ 652, 653 and 655; CRIMINAL PROCEDURE LAW, §§2.10, 2.20; EDUCATION LAW, § 5709, L 1980, ch 843. There is no authority under the County Law for a sheriff to appoint regular deputy sheriffs to be employed by […]
Informal Opinion No. 88-30
J. Philip Zand, Esq. Attorney General of New York — Opinion Dated: April 4, 1988 GENERAL MUNICIPAL LAW, § 119-o (2) (c); MUNICIPAL HOME RULE LAW, § 10 (4) (b); PENAL LAW, §§ 10.00 (3) and (4), 55.00, 55.05 (2), 55.10 (2) (b) and (e), 70.15, 80.05; VILLAGE LAW, § 20-2006. A village by local […]
Opn. No. 99-39
Timothy M. McClusky, Esq. Attorney General of New York — Opinion December 30, 1999 The supervisor of a town may not also serve as the town librarian. JAMES D. COLE, Assistant Solicitor General Timothy M. McClusky, Esq. Informal Opinion No. 99-39 Town Attorney Town of Sandy Creek P. O. Box 697 Sandy Creek, New York […]
Opn. No. 95-F8
Leslie R. Byrd, Esq. Attorney General of New York — Opinion December 7, 1995 STATE ADMINISTRATIVE PROCEDURE ACT, ART 3, § 307; L 1995 CH 645; L 1985 CH 469 As amended by L 1995 ch 645, section 307(3)(a)’s indexing requirements are now expanded to include those final determinations that arise out of a statute […]
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. 1980-106
Hon. Stephen J. Wing Attorney General of New York — Opinion Dated: January 18, 1980 COUNTY LAW, §§ 350-381 (Art VII); DUTCHESS COUNTY ADMINISTRATIVECODE, §§ 19.01-19.13 (Art XIX); DUTCHESS COUNTY CHARTER § 2.02(e, g). It is not necessary that a Salary Resolution be adopted before positions set forth in the 1980 Budget as finally adopted […]
Opn. No. 1978-44
Hon. Peter A.A. Berle Attorney General of New York — Opinion Dated: March 22, 1978 ENVIRONMENTAL CONSERVATION LAW, ARTICLE 33; 6 NYCRR, Part 325. Article 33 of the Environmental Conservation Law (Pesticides), when read together with the rules and regulations adopted pursuant thereto (6 NYCRR Part 325 [Application of Pesticides]), vests in the Commissioner of […]
Opn. No. I90-76
Bruce J. McKeegan, Esq., Town Attorney Attorney General of New York — Opinion Issued on: November 7, 1990 NY CONST, ART VI, § 17(d); TOWN LAW, § 60-a. An office of town justice cannot be restored until January firstfollowing the town election next succeeding the effective date ofthe resolution authorizing the position. James D. Cole, […]
Informal Opinion No. 87-36
John W. Park, Esq. Attorney General of New York — Opinion Dated: April 24, 1987 MENTAL HYGIENE LAW, § 77.03(e); SOCIAL SERVICES LAW, § 309; 18 NYCRR § 457.6(c). A local social services commissioner may be appointed to serve as a conservator under article 77 of the Mental Hygiene Law. John W. Park, Esq. County […]
Opn. No. I93-13
Carl G. Whitbeck, Esq., City Attorney Attorney General of New York — Opinion Issued on: January 15, 1993 CIVIL SERVICE LAW §§ 50, 58; CRIMINAL PROCEDURE LAW § 1.20(13);PENAL LAW § 10(6); PUBLIC OFFICERS LAW § 30(1)(e). A conviction under section 30(1)(e) of the Public Officers Law creates avacancy in office which disqualifies the convicted […]
Opn. No. 82-81
Edward J. Lee, Esq. Attorney General of New York — Opinion Dated: November 22, 1982 NY CONST, Art IX, § 3(a)(3); GENERAL CITY LAW, §§ 40-a, 48, 57; GENERAL CONSTRUCTION LAW, § 41; MUNICIPAL HOME RULE LAW, §§ 2(5), 10(1)(i) and (ii)(a)(1). A city is not authorized to supersede the provisions of sections 40-a and […]
Opn. No. 1979-191
Hon. Gerald C. Sternberg Attorney General of New York — Opinion Dated: July 20, 1979 PENAL LAW, §§ 400.00 (2), 265.20 (a), 35.30 (3) (b), 10.00 (11)CRIMINAL PROCEDURE LAW, §§ 140.25, 140.27, 1.20 (33) In order to carry a pistol while on auxiliary police duty during times of public emergency, attack or drill, an auxiliary […]
Informal Opinion No. 85-65
William W. Pulos, Esq. Attorney General of New York — Opinion Dated: August 22, 1985 CRIMINAL PROCEDURE LAW, §§ 1.20(5)(b), 100.25 and 170.10 The procedure for prosecution of vehicle and traffic infractions is governed by the Criminal Procedure Law. William W. Pulos, Esq. Town Attorney, Alfred You have asked whether the provisions of the Criminal […]
Opn. No. 1977-119
HON. PATRICK J. RAYMOND Attorney General of New York — Opinion Dated: March 2, 1977 NEW YORK STATE CONSTITUTION, Article IX, §§ 2(c)(1) and 3(d)(4);MUNICIPAL HOME RULE LAW, §§ 2(12), 10(1)(a) and 23(2); SECONDCLASS CITIES LAW, §§ 4, 200 and 201; OPTIONAL CITY GOVERNMENTLAW, §§ 102 and 105. The Common Council of the City of […]
Opn. No. 1976-315
HON. GEORGE C. TEALL Attorney General of New York — Opinion Dated: December 6, 1976 COUNTY LAW, §§ 203, 204 and 702(1). A district attorney may not establish positions of employment on his permanent office staff without the authorization of the county board of supervisors. HON. GEORGE C. TEALL County Attorney, Livingston County This is […]