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 […]
Category: Attorney General Opinions
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 […]
Opn. No. 95-12
Andrew V. Lalonde, Esq. Attorney General of New York — Opinion February 8, 1995 The positions of member of the city council and city firefighter are incompatible. JAMES D. COLE, Assistant Attorney General Andrew V. Lalonde, Esq. Informal Opinion Corporation Counsel No. 95-12 City of Auburn Memorial City Hall 24 South Street Auburn, N Y […]
Opn. No. 2002-18
Bonnie P. Chaikin, Esq. Attorney General of New York — Opinion November 22, 2002 COUNTY CHARTER LAW § 33(6); TOWN LAW §§ 81, 90, 91; Village Law § 9-912. The filing of a petition on the issue whether to establish a ward system for the election of council members in the Town of North Hempstead […]
Opn. No. I91-15
Bart M. Carrig, Esq., Village Attorney Attorney General of New York — Opinion Issued on: April 3, 1991 The offices of village chief of police and member of a city council arecompatible. Thus, a person who serves as a village chief of police may bea candidate for the office of city council. James D. Cole, […]
Opn. No. I92-34
James C. Tomasi, Esq., County Attorney Attorney General of New York — Opinion Issued on: June 16, 1992 With the knowledge and consent of the district attorney, a municipalattorney may prosecute violations of a county local law. James D. Cole, Assistant Attorney General Requestor: James C. Tomasi, Esq., County Attorney County of Washington 70 Main […]
Formal Opinion No. 85-F12
Hon. Richard J. Condon Attorney General of New York — Opinion Dated: October 8, 1985 CIVIL SERVICE LAW, § 58(3); CRIMINAL PROCEDURE LAW, §§ 1.20(34), 120.10, 140.15, 150.20, 690.25; EXECUTIVE LAW, §§ 835(7), (7-a), 840(1), 845, 845-a; GENERAL MUNICIPAL LAW, § 209-q; PENAL LAW, §§ 35.30, 265.20, 400.00(2); 9 NYCRR §§ 6020.1(f), 6020.2(b), 6020.4(a); L […]
Informal Opinion No. 84-11
Peter W. Mitchell, Esq. Attorney General of New York — Opinion Dated: February 21, 1984 GENERAL MUNICIPAL LAW, §§ 806(1), 808. A local government should include in its code of ethics standards that define and prohibit private conduct in conflict with official duties. Where substantial conflicts are inevitable, a town should act to prohibit assessors […]
Opn. No. I90-3
David Lee Foster, County Attorney Attorney General of New York — Opinion Issued on: February 7, 1990 PUBLIC HEALTH LAW, § 2145(1)(a) and (1)(b). The cost of a county anti-rabies program is a general county charge andmay not be assessed against users of the program. James D. Cole, Assistant Attorney General Requestor: David Lee Foster, […]
Opn. No. I91-8
Thomas P. Halley, Esq., Town Attorney Attorney General of New York — Opinion Issued on: January 24, 1991 CIVIL SERVICE LAW §§ 201(6)(a), 204; TOWN LAW § 150. The town board has responsibility for approving contracts negotiated inaccordance with the Taylor Law and for enacting necessary implementinglegislation. In the event that a police commission is […]
Opn. No. 97-29
John D. Cameron, Esq. Attorney General of New York — Opinion June 19, 1997 NY CONST, ART IX, § 2(b)(10); MUNICIPAL HOME RULE LAW §10(1)(ii)(d)(3); NAVIGATION LAW §§ 46, 46-a; TOWN LAW § 130; L 1938 CH 309; L 1935 CH 346. The town may not enact a local law superseding Town Law §130(17)(1)(a) to […]
Informal Opinion No. 88-75
Paul J. Epstein, Esq. Attorney General of New York — Opinion Dated: November 22, 1988 NY CONST, ART VIII, § 1, ART IX, § 2 and ART XVIII; MUNICIPAL HOME RULE LAW, § 10 (1) (ii) (a) (12). The donation of property by a city for an affordable housing program designed to make housing available […]
Opn. No. 96-28
Patrick T. Morphy, Esq. Attorney General of New York — Opinion September 16, 1996 COUNTY LAW § 501; PUBLIC AUTHORITIES LAW §§ 1952, 1953, et seq. The positions of Rensselaer County Attorney and counsel to the Troy Industrial Development Authority are compatible. JOSEPH CONWAY, Assistant Attorney General Patrick T. Morphy, Esq. Informal Opinion Corporation Counsel […]
Informal Opinion No. 89-53
C. Frank Harrigan, Esq. Attorney General of New York — Opinion Dated: November 2, 1989 A member of a city common council, with extensive review powers over the school district budget, may not also serve as an employee of the city school district. C. Frank Harrigan, Esq. Corporation Counsel, Syracuse You have asked whether a […]
Opn. No. 1981-82
Hon. John D. Quinn Attorney General of New York — Opinion Dated: November 13, 1981 NY CONST, Art I, § 9; GENERAL MUNICIPAL LAW, Art 9-A; GENERALOBLIGATIONS LAW, § 5-415; PENAL LAW, Art 225, §§ 225.00 (10) and(12), 225.05, 225.10, 225.15 and 225.20. It is unlawful in the State of New York to raffle off […]
Opn. No. 1978-223
Hon. Edward G. McCabe Attorney General of New York — Opinion Dated: July 19, 1978 EDUCATION LAW, §§ 144, 147; PUBLIC OFFICERS LAW, § 65-b; COUNTYLAW, § 677; JUDICIARY LAW, § 89 Records of medical examiner may not be destroyed without the consent of the Commissioner of Education. Hon. Edward G. McCabe County Attorney, Nassau […]