Category: Attorney General Opinions

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 […]

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, […]

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 […]

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 […]

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 […]

John W. Sutton, Esq. Attorney General of New York — Opinion Dated: January 15, 1981 TOWN LAW, §§ 65, 135, 268. A town, by blanket resolution, may authorize the zoning administrative officer to commence actions to enforce the provisions of the town’s zoning laws. John W. Sutton, Esq. Town Attorney Galway, New York You inquire […]

Robert J. Moore, Esq. Attorney General of New York — Opinion Dated: February 6, 1989 A village may establish an off-street parking facility which allows village residents to park for an unlimited time while nonresidents are subject to a specific time limit. Robert J. Moore, Esq. Village Attorney, Port Jefferson You have asked whether a […]

Craig B. Snyder, Esq. Attorney General of New York — Opinion Dated: November 2, 1989 ELECTION LAW, § 5-102; TOWN LAW, §§ 175(2), 179(1)(a) and (4); L 1980, Ch 901. To be eligible to vote in a special fire district election a person must be registered to vote in the town where the district is […]

John B. Garrity, Jr., Esq. Attorney General of New York — Opinion May 19, 1998 REAL PROPERTY TAX LAW § 329. The procedure for making the transition from three to one elected assessors is set forth in section 329 of the Real Property Tax Law. JAMES D. COLE, Assistant Attorney General Informal Opinion No. 98-20 […]

Anthony M. Sortino, Esq. Attorney General of New York — Opinion Dated: May 26, 1988 CRIMINAL PROCEDURE LAW, §§ 1.20 (34-a), 20.50 (2), 120.50, 140.10, 150.20; GENERAL MUNICIPAL LAW, §§ 119-n (c), 119-o (1). Through a municipal cooperation agreement under article 5-G of the General Municipal Law a town may enforce petty offenses for traffic […]

Albert E. Clune, Esq. Attorney General of New York — Opinion Dated: June 10, 1982 NOT-FOR-PROFIT CORPORATION LAW, § 202(4), (5); REAL PROPERTY TAX LAW, § 410; TOWN LAW, § 176(14), (23). A fire district, without a referendum, may lease unneeded real property to an incorporated fire department, which, absent a prohibition in the lease, […]

Gale L. Foster, Esq. Attorney General of New York — Opinion Dated: July 12, 1989 GENERAL MUNICIPAL LAW, §§ 806, 808; TOWN LAW, §§ 20(2), 23. Under certain circumstances a person performing town engineering services will have to recuse himself from acting on behalf of the town because of his private consulting interests and may, […]

John C. Osborn, Esq. Attorney General of New York — Opinion Dated: May 27, 1986 COUNTY LAW, § 650; MUNICIPAL HOME RULE LAW, § 10[4][a]. The sheriff is authorized to provide law enforcement services in a village located within a county. John C. Osborn, Esq. Village Attorney, Pittsford You have asked whether the sheriff is […]

HON. RALPH I. GREENHOUSE Attorney General of New York — Opinion Dated: July 22, 1977 INDUSTRIAL CODE RULE NO. 53, 12 NYCRR 53-1.2, 12 NYCRR 53-3.5,12 NYCRR 53-4.5; LABOR LAW, §§ 28-a and 28-b; GENERAL BUSINESS LAW,Article 36, § 764. In light of the expressed legislative intent and the specific language of Industrial Code Rule […]

James B. Tuttle, Esq. Attorney General of New York — Opinion Dated: December 16, 1986 CIVIL SERVICE LAW, § 201; EDUCATION LAW, §§ 253, 256; L 1985, Ch 519. A library district whose board of trustees is elected by the public, and whose budget is approved by public vote, is a public employer under section […]

JAMES A. FARLEY, JR. Attorney General of New York — Opinion Dated: August 13, 1976 UNCONSOLIDATED LAWS, § 8929; TAX LAW, §§ 210(3)(a)(2)(C) and (D)and 632(b)(2-a) Gross receipts tax imposed pursuant to Unconsolidated Laws, section 8929 on professional or amateur boxing, sparring or wrestling matches was not changed by chapter 802 of the Laws of […]

Vincent J. Sorrentino, Esq. Attorney General of New York — Opinion Dated: February 7, 1989 EXECUTIVE LAW, § 371(3); 19 NYCRR 441.2(a) and (b). A proposed building of the South Towns sewer agency, a division of county government, is subject to the provisions of the New York Uniform Fire Prevention and Building Code. Vincent J. […]