Category: Attorney General Opinions

Arthur T. Connick, Esq. Attorney General of New York — Opinion Dated: October 12, 1982 NY CONST, Art VIII, § 1; EDUCATION LAW, § 255; GENERAL MUNICIPAL LAW, §§ 77, 79; VILLAGE LAW, § 1-102(1). A village may purchase a building for use as a public library and lease a portion of that building to […]

Kenneth H. Holcombe, Esq. Attorney General of New York — Opinion Dated: April 4, 1988 GENERAL MUNICIPAL LAW, § 208-a. A village may appoint school crossing guards with authority to regulate traffic on a State highway to protect school children going to and from school. Kenneth H. Holcombe, Esq. Village Attorney, Dannemora You have asked […]

Harry T. Shaw, Esq. Attorney General of New York — Opinion Dated: July 10, 1985 VILLAGE LAW, §§ 1-102, 6-632; L 1973, Ch 976. A village has the authority to allow by appropriate means an encroachment in excess of six inches into a village right of way. Harry T. Shaw, Esq. Village Attorney, Westport I […]

Hon. David G. Retchless Attorney General of New York — Opinion Dated: June 20, 1978 RULES AND REGULATIONS OF THE NEW YORK STATE DIVISION OF PROBATION, Part356, §§ 356.1 and 356.4. A conflict of interest would exist where the employees of a local probation department serve as directors of a not-for-profit corporation established for the […]

Ronald J. Briggs, Esq. Attorney General of New York — Opinion Dated: September 15, 1980 MUNICIPAL HOME RULE LAW, § 10 (2); VILLAGE LAW, § 4-412 (1). A village ordinance regulating taxis may be suspended but only by a local law. Ronald J. Briggs, Esq. Village Attorney Lake Placid You request an opinion whether your […]

Hon. Vito J. Castellano Attorney General of New York — Opinion Dated: December 22, 1981 CRIMINAL PROCEDURE LAW, §§ 1.20 (34), 2.10 (26), 2.20; EXECUTIVELAW, Art 2-B; PENAL LAW, § 190.25; VEHICLE AND TRAFFIC LAW, § 396(2); McK UNCONS LAWS, § 9123 (B) (16), (22), § 9185; L 1980 Ch843; 9 NYCRR, § 505.2. Civil […]

Hon. Joseph R. Mule Attorney General of New York — Opinion Dated: June 27, 1979 TOWN LAW, §§ 20 and 27; GENERAL MUNICIPAL LAW, §§ 858 and 892. A town attorney may serve at the same time as counsel to the Industrial Development Agency for the Town. Hon. Joseph R. Mule Town Attorney, Brookhaven This […]

Paul Celentano. Attorney General of New York — Opinion November 30, 2011. Public Officers Law §§ 17, 17(1)(a), 18, 18(1)(a); Executive Law §§ 160-bbb(1), 160-bbb(2), 160-bbb(4), 160-bbb(5), 160-bbb(6)(c)(ii), 160-bbb(6)(c)(iv), 160-ccc, 160-dd, 160-ddd, 160-eee, 160-hhh, 160-hhh(8), 160-mmm, Article 6-F; Workers’ Compensation Law § 18-C(7); Racing, Pari-Mutuel Wagering Breeding Law §§ 221, 221(1), 221(11); Not-For-Profit Corporation Law […]

WALTER J. RELIHAN, JR. Attorney General of New York — Opinion Dated: June 14, 1976 EDUCATION LAW, § 353(1) The ex officio student member of the Board of Trustees of the State University of New York is not authorized to make motions or second motions bringing resolutions before the Board for official action. HON. WALTER […]

Laura M. Purcell, Esq. Attorney General of New York — Opinion January 30, 1997 EDUCATION LAW §§ 1980, 2001, 2003-2008, 2111, 2112; GENERAL CONSTRUCTION LAW § 66(2); PUBLIC OFFICERS LAW § 31. A school district officer may resign to a district meeting of residents or by filing a written resignation with the district superintendent of […]

Henry J. Holley, Esq. Attorney General of New York — Opinion Dated: June 17, 1985 MUNICIPAL HOME RULE LAW, §§ 10(1)(ii)(a)(1), 10(1)(ii)(d)(3); TOWN LAW, §§ 20(1)(a) and (b), 23(2)(f), 39, 150. A town board may delegate to the police commissioners the responsibility for supervision of town constables. Henry J. Holley, Esq. Town Attorney, Deerpark You […]

David B. Hagstrom, Esq. Attorney General of New York — Opinion Dated: September 25, 1984 TOWN LAW, §§ 130, 136(7), 137, 138. A town’s plumbing code may prohibit home and other property owners who lack a plumbing license issued by the town from performing plumbing work, aside from minor repairs, in their home or businesses. […]

Richard H. Edward, Esq. Attorney General of New York — Opinion Dated: July 24, 1981 GENERAL MUNICIPAL LAW, Art 18, § 806; PUBLIC OFFICERS LAW, § 74 (3) (f) and (h). One person may not simultaneously serve as a member of a board of trustees of a community college and as an adjunct professor at […]

HON. HENRY J. LOGAN Attorney General of New York — Opinion Dated: December 20, 1976 TOWN LAW, § 23 PUBLIC OFFICERS LAW, § 3 A town engineer must be a resident and elector of the town unless there is no qualified resident engineer living therein. HON. HENRY J. LOGAN Town Attorney, Mount Pleasant This is […]

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 […]

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 […]