Hon. Stephen G. Limmer Attorney General of New York — Opinion Dated: December 3, 1980 TOWN LAW, § 198 (4). In Nassau County, violations of town ordinances regulating conduct in parks of a Town Park District may not be prosecuted in village justice courts. Hon. Stephen G. Limmer Schiffmacher, Cullen, Farrell and Limmer, Esqs. Attorneys […]
Category: Attorney General Opinions
Informal Opinion No. 87-57
Lillian M. Cronin, Esq. Attorney General of New York — Opinion Dated: July 20, 1987 TOWN LAW, § 276(3); VILLAGE LAW, §§ 7-725, 7-728. A village planning board may reopen public hearings on matters before it and the board must render a decision as to applications for site approval within sixty days of the close […]
Opn. No. 1976-293
HON. RONALD GLICKMAN Attorney General of New York — Opinion Dated: November 8, 1976 LABOR LAW, Article 6, § 193(1) (a) and (b), 3 MUNICIPAL HOMERULE LAW, § 10(1) [i, ii] (a) [12] A town may adopt a local law to provide for the deduction from the wages of its employees the cost of safety […]
Informal Opinion No. 85-48
William W. Zarr, Esq. Attorney General of New York — Opinion Dated: July 2, 1985 MUNICIPAL HOME RULE LAW, § 36(5)(b) and (d). A city charter commission may present amendments to a city charter as alternate proposals. Each proposal is considered separately and the one receiving a majority of the votes cast is approved. In […]
Opn. No. 2002-5
Marco Caviglia, Esq. Attorney General of New York — Opinion February 21, 2002 GENERAL BUSINESS LAW § 396-p(1); TRANSPORTATION LAW, ART. 7, §§ 151(11), 157-159; 17 N.Y.C.R.R. Part 730. Taxicab operators may charge different fares at different times of day so long as those fares and the conditions under which they apply are conspicuously posted. […]
Opn. No. 98-11
David Hagstrom, Esq. Attorney General of New York — Opinion March 18, 1998 TOWN LAW § 198(3). A conflict of interests results if the town highway superintendent in his official or private capacity operates heavy equipment on behalf of a water district in the town to repair water pipes located under a road. JAMES D. […]
Informal Opinion No. 86-31
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 […]
Opn. No. 1977-214
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 […]
Informal Opinion No. 86-72
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 […]
Opn. No. 1976-86
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 […]
Informal Opinion No. 89-6
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. […]
Opn. No. 97-F1
Barbara A. DeBuono, M.D., M.P.H. Attorney General of New York — Opinion January 22, 1997 EDUCATION LAW, ART 131, 131-B, 133, 136, 137, 139, 143, 156, 157, 159, 164, 175; PUBLIC HEALTH LAW § 14; PUBLIC OFFICERS LAW § 17; L 1995 CH 505; L 1982 CH 601; L 1979 CH 442. The health care […]
Opn. No. 98-38
Dennis V. Tobolski, Esq. Attorney General of New York — Opinion September 3, 1998 COUNTY LAW § 411; GENERAL MUNICIPAL LAW § 808. The positions of county legislator and mayor of a city are compatible. JAMES D. COLE, Assistant Attorney General Dennis V. Tobolski, Esq. County Attorney County of Cattaraugus 303 Court Street Little Valley, […]
Formal Opinion No. 89-F4
Hon. Matthew T. Crosson Attorney General of New York — Opinion Dated: June 13, 1989 CRIMINAL PROCEDURE LAW, §§ 2.10, 2.20, 140.10, 140.25, 140.30; PUBLIC OFFICERS LAW, §§ 2, 3(1), 30; L 1980, Ch 843. Peace officers of the Unified Court System whose duties, as determined by the Office of Court Administration, include the delegation […]
Formal Opinion No. 89-F8
Hon. Cesar A. Perales Attorney General of New York — Opinion Dated: August 17, 1989 SOCIAL SERVICES LAW, § 366(5); L 1989, Ch 558; L 1982, Ch 56; 42 U.S.C. § 1396p; PL 100-360. Section 303(b) of the Medicare Catastrophic Coverage Act of 1988 contains requirements beyond State law, preceding chapter 558 of the Laws […]
Opn. No. 2011-1
Daniel Hoffman. Attorney General of New York — Opinion February 4, 2011. Public Housing Law §§ 30(2), 30(5), 31, 429; Public Officers Law §§ 2, 3(1), 30(1)(d); Municipal Home Rule Law 10(1)(ii)(a)(1) The city of Ithaca cannot use its home rule authority to extend the residency requirement established for members of the Ithaca Housing Authority […]
Opn. No. 1979-119
William E. Stanton, Esq. Attorney General of New York — Opinion Dated: March 29, 1979 GENERAL MUNICIPAL LAW §§ 119-m, 119-n, 119-o (Article 5-G); HIGHWAYLAW § 142-d Two towns may enter into an agreement under which each town will perform certain functions and services in relation to maintenance and repair of a road under the […]
Opn. No. 1978-148
Walter W. Howitt, Esq. Attorney General of New York — Opinion Dated: May 1, 1978 MUNICIPAL HOME RULE LAW § 23 (2[f]); VILLAGE LAW §§ 4-400 (1[c]),23-2200, 23-2202; VILLAGE OF EAST AURORA LOCAL LAW # 1 FOR THE YEAR1970. Village local laws creating non-elective village offices and providing that appointments to the offices be made […]
Informal Opinion No. 89-17
Kevin B. Dwyer, Esq. Attorney General of New York — Opinion Dated: April 7, 1989 BUSINESS CORPORATION LAW, § 715(g); TOWN LAW, §§ 191, 265; VILLAGE LAW, § 7-708. A single joint tenant’s signature is sufficient to constitute a vote on behalf of the jointly owned property for purposes of a protest petition under section […]
Opn. No. 1977-306
RICHARD P. COOPER Attorney General of New York — Opinion Dated: December 27, 1977 ENVIRONMENTAL CONSERVATION LAW, § 17-1501 PUBLIC HEALTH LAW, §1115 (AS AMENDED BY L. 1977, C. 638). Environmental Conservation Law, § 17-1501 and Public Health Law, § 1115 make no distinction between tracts in which the lots are described by metes and […]