Norman N. James, Esq., Deputy Town Attorney Attorney General of New York — Opinion Issued on: November 7, 1990 MUNICIPAL HOME RULE LAW, §§ 10(1)(ii)(a)(12), 11(3); TOWN LAW,§§ 130(15), 132, 135, 136(8), 137. A town can regulate refuse carters merely using town roads if suchregulations reasonably relate to carter activity in the town, and do […]
Category: Attorney General Opinions
Informal Opinion No. 83-80
Ralph A. Nappi, Esq. Attorney General of New York — Opinion Dated: December 29, 1983 NASSAU COUNTY CIVIL DIVISIONS ACT, §§ 305.0, 319.0; TOWN LAW (1909), Art 14-A, § 319; VILLAGE LAW (1909), § 188-a; L 1920, Ch 233; L 1932, Ch 634; L 1934, Ch 845; L 1939, Ch 273. The Village of Manorhaven, […]
Opn. No. 1978-251
Hon. Jacob E. Gunther Attorney General of New York — Opinion Dated: August 24, 1978 REAL PROPERTY TAX LAW, § 408; EDUCATION LAW, § 403-a. Subject to section 403-a of the Education Law, the Middletown City School District may lease real property owned by the school district and such property shall retain its status of […]
Informal Opinion No. 89-29
George R. Hebard Jr., Esq. Attorney General of New York — Opinion Dated: July 12, 1989 VILLAGE LAW, §§ 7-722, 7-725, 7-726, 7-728. The positions of village planning board member and town code enforcement officer are compatible. George R. Hebard Jr., Esq. Village Attorney, Hamburg You have asked whether the positions of member of a […]
Opn. No. 99-10
Milton Tischler, Esq. Attorney General of New York — Opinion March 5, 1999 MUNICIPAL HOME RULE LAW § 10(4)(b); TOWN LAW, ART 11, § 176. A Board of Fire Commissioners of a Fire District is not authorized to impose fines on property owners for the fire department’s response to false alarms. SIOBHAN S. CRARY, Assistant […]
Opn. No. F92-6
Hon. Jay C. Carlisle, Chairman Attorney General of New York — Opinion Issued on: August 4, 1992 GENERAL CONSTRUCTION LAW § 41; GENERAL MUNICIPAL LAW § 813. The Public Advisory Council to the Temporary State Commission on LocalGovernment Ethics, which is not subject to the provisions of the OpenMeetings Law, may conduct its meetings by […]
Opn. No. 81-25
Dennis Morris, Esq. Attorney General of New York — Opinion Dated: February 23, 1981 TOWN LAW, § 291 (1), (2); VILLAGE LAW, § 15-1500. Care of abandoned cemeteries located in villages is the responsibility of the town. Dennis Morris, Esq. Village Attorney, Burdett You ask what level of government is responsible for maintenance of an […]
Opn. No. 2005-13
Darrin B. Derosia, Esq. Attorney General of New York — Opinion May 17, 2005 Printable Version N.Y. CONST. Art. IX, § 2(c); EDUCATION LAW §§ 1604(35), 1709(36), 2503(18), 2554(16-c), 2590-g(15); EXECUTIVE LAW § 171; FAMILY COURT ACT §§ 301.2(1), 712(a); GENERAL OBLIGATIONS LAW §§ 78-a, 3-112, 31-3; MUNICIPAL HOME RULE LAW § 10(1)(ii)(a)(12); PENAL LAW […]
Informal Opinion No. 84-59
Thomas P. Halley, Esq. Attorney General of New York — Opinion Dated: November 9, 1984 NEW YORK CONST, Art IX, § 2(c)(ii)(10); MUNICIPAL HOME RULE LAW, § 10(1)(ii)(a)(12); PUBLIC HEALTH LAW, § 1310. Public Health Law, § 1310 does not preempt a municipality from enacting a local regulation under its police power, requiring one in […]
Opn. No. 2005-10
John Connor, Jr. Attorney General of New York — Opinion April 12, 2005 CIVIL PRACTICE LAW AND RULES ART. 78; GENERAL MUNICIPAL LAW, ART. 18, §§ 805-a, 806, 808(3), 812; PUBLIC OFFICERS LAW § 73(5). Donations given to a city alderman to pay the legal expenses he incurred by bringing a legal proceeding in his […]
Opn. No. 1978-38
Hon. Arthur Levitt Attorney General of New York — Opinion Dated: September 19, 1978 NEW YORK CONSTITUTION, Art. I, § 7; Art. XVII, § 3; EXECUTIVELAW, § 10, PUBLIC HEALTH LAW, § 1388; McKINNEY’S UNCONSOLIDATEDLAWS, § 6260 (c) — Purchase of property for elimination ofchemical contamination — valuation. New York State Urban Development Corporation and […]
Opn. No. 81-34
Anthony G. Maccarini, Esq. Attorney General of New York — Opinion Dated: March 5, 1981 HIGHWAY LAW, §§ 189, 219, 231 (5). A road and the bridge on it become a public highway by use if they have been open to the public for ten years and have been maintained by the public authorities. Regular […]
Opn. No. 1977-171
HON. DAVID O. BOEHM Attorney General of New York — Opinion Dated: May 11, 1977 PENAL LAW, § 265.05; ENVIRONMENTAL CONSERVATION LAW, §§11-0701(1), 11-0929 and 11-0931. A minor who is between the ages of fourteen and sixteen years of age may exercise the privileges of a hunting license pursuant to Environmental Conservation Law, § 11-0701(1), […]
Informal Opinion No. 83-71
Ernest J. Canava, Esq. Attorney General of New York — Opinion Dated: December 1, 1983 NY CONST, Art VI, § 16; MUNICIPAL HOME RULE LAW, §§ 10 and 11 (e); L 1962, Ch 811; L 1963, Ch 554; L 1963, Ch 570. A town in Suffolk County that has become part of the Suffolk County […]
Formal Opinion No. 85-F5
Hon. Roderick Chu Attorney General of New York — Opinion Dated: June 14, 1985 TAX LAW, §§ 174, 509.9, 697(b), 1096(b), 1143; CPLR §§ 2302, 2305, 2308, 8001. Payment for time spent by persons in finding and photocopying subpoenaed documents is not recoverable from the party issuing the subpoena. Hon. Roderick Chu President State Tax […]
Opn. No. 98-45
Arthur Carl Spring, Esq. Attorney General of New York — Opinion November 2, 1998 GENERAL MUNICIPAL LAW, ART 18-A, §§ 856, 858. The positions of member of The Fulton County Economic Development Agency, an industrial development agency, and Director of the Fulton County Planning Board are compatible. Taking into consideration the broad duties of the […]
Informal Opinion No. 83-32
Robert J. Moore, Esq. Attorney General of New York — Opinion Dated: June 9, 1983 ELECTION LAW, § 15-106; PUBLIC OFFICERS LAW, § 30(2); VILLAGE LAW, §§ 3-301(2)(a) and (3), 3-302(3), 3-312(4); VILLAGE LAW OF 1909, §§ 4-406(6), 4-414; L 1972, Ch 892; McKINNEY’S STATUTES, § 98(a). Upon establishing the office of second village justice, […]
Opn. No. 95-5
Wayne A. Gavioli, Esq. Attorney General of New York — Opinion February 2, 1995 NY CONST, ART IX, § 2(c)(1); MUNICIPAL HOME RULE LAW §§ 2(5), 10(1)(ii)(a)(1), 22(1); PUBLIC OFFICERS LAW §§ 3(1), 3(24), 30(1)(d). A town by local law may establish the State of New York as the residency required for an appointive town […]
Opn. No. 1976-257
HON. THOMAS P. GILHOOLEY Attorney General of New York — Opinion Dated: September 13, 1976 COUNTY LAW §§ 411, 673(1) and 674(1). The office of an elected non-physician coroner of the County of Cortland and the position of a paid civil service firefighter employed by the City of Cortland are incompatible if held by the […]
Opn. No. 81-17
Jerome H. Ehrlich, Esq. Attorney General of New York — Opinion Dated: February 4, 1981 COUNTY LAW, § 411; EDUCATION LAW, §§ 2103 (1, 3), 2112 (1, 3); GENERAL CONSTRUCTION LAW, § 41; GENERAL MUNICIPAL LAW, §§ 800-809 (Art 18); McKINNEY’S STATUTES, § 151; TOWN LAW, § 23; VILLAGE LAW, § 3-300 (4). There is […]