Hon. Matthew T. Crosson, Chief Administrator Attorney General of New York — Opinion Issued on: August 8, 1990 CIVIL PRACTICE LAW AND RULES §§ 8102, 8103, 8104, 8105, 8106,8301(a)(12); NEW YORK CITY CIVIL COURT ACT, §§ 1903, 1906, 1908,1911(b); UNIFORM CITY COURT ACT, §§ 1903, 1906-a, 1908, 1911(a)(1);UNIFORM DISTRICT COURT ACT, §§ 1903, 1906-a, 1908, […]
Category: Attorney General Opinions
Opn. No. I93-10
Alan O. Minsker, Esq., County Attorney Attorney General of New York — Opinion Issued on: February 18, 1993 FAMILY COURT ACT § 236; L 1992, CH 130. When the Family Court orders special education for a child at a “hospitalor other suitable institution”, the order may, but need not, includeprovision for transportation in accord with […]
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. 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 […]
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. 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, […]
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. 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 […]
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. 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 […]
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 […]
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 […]
Informal Opinion No. 88-54
Richard H. Edwards, Esq. Attorney General of New York — Opinion Dated: August 17, 1988 COUNTY LAW, §§ 700 (1), 702(1) and (2); SOCIAL SERVICES LAW, §§66(1), 111-b, 145, 150, 352, 418 and 424; CODE OF PROFESSIONAL RESPONSIBILITY, DR 5-101. A person serving as a county social services attorney and as an assistant district attorney […]
Opn. No. 1976-135
HON. GEORGE D. BRADEN Attorney General of New York — Opinion Dated: March 3, 1976 NEW YORK STATE CONSTITUTION, Article IX, § 2(c); MUNICIPAL HOMERULE LAW, §§ 10(1) (ii) (a) (1), 10(2) and 23(2) (f); CITY HOMERULE LAW, §§ 11(2) and 15(5) (CITY HOME RULE LAW was repealed inits entirety and superseded by MUNICIPAL HOME […]
Informal Opinion No. 88-81
Jeffrey D. Oshlag, Esq. Attorney General of New York — Opinion Dated: December 29, 1988 GENERAL CITY LAW, §§ 40, 40-a, 45. A person seeking appointment to fill the position on a city’s examining board of plumbers reserved for an employing or master plumber qualifies for that position if he has ten years of experience […]
Opn. No. 1979-127
Hon. Nicholas A. Sordi, Jr. Attorney General of New York — Opinion Dated: April 9, 1979 GLEN COVE CITY CHARTER § 2-11: Because of the provisions of the Glen Cove City Charter § 2-11, if newly appointed heads of the administrative departments of the city are paid pursuant to action by the present members of […]
Informal Opinion No. 88-74
Raymond G. Kruse, Esq. Attorney General of New York — Opinion Dated: November 22, 1988 VEHICLE AND TRAFFIC LAW, §§ 101, 132-a, 375 (41). A school district is not authorized to designate motor vehicles owned by the district and operated by the school district’s superintendent, supervisor of transportation and health and safety coordinator as authorized […]
Opn. No. 1977-31
HON. ARTHUR LEVITT Attorney General of New York — Opinion Dated: April 28, 1977 EDUCATION LAW § 6208(3) AS AMENDED BY L. 1966 Ch. 782. The courses of study at New York City community colleges intended by Education Law § 6208(3), as in effect from 1966 to 1972, to be financed from student fees include […]
Opn. No. I91-29
Bruce W. Musacchio, Esq., Town Attorney Attorney General of New York — Opinion Issued on: April 23, 1991 TOWN LAW §§ 130, 135, 272. A town may charge an additional fee for the issuance of a building permitafter construction has begun. Patrick Barnett-Mulligan, Assistant Attorney General Requestor: Bruce W. Musacchio, Esq., Town Attorney Town of […]
Opn. No. 1978-7
Hon. Howard F. Miller Attorney General of New York — Opinion Dated: December 11, 1978 EDUCATION LAW, § 4118; EXECUTIVE LAW, § 71 There is a legal presumption that section 4118 of the Education Law is constitutional. Until and unless Education Law, § 4118, is declared by a court to be unconstitutional, such statute is […]