Category: Attorney General Opinions

The Mayor and Trustees, Village of Larchmont Attorney General of New York — Opinion Dated: May 28, 1981 GENERAL CONSTRUCTION LAW § 41; MUNICIPAL HOME RULE LAW § 23 (2 [f]); PUBLIC OFFICERS LAW § 5; RETIREMENT AND SOCIAL SECURITY LAW § 70; VILLAGE LAW §§ 3-301 (4), 3-312 (3) (a), 4-400 (1 [a, c, […]

John V. Hartzell, Esq. Attorney General of New York — Opinion April 30, 2004 N.Y. CONST., ART 9, § 2(c); C.P.L.R. ART. 9, ART. 80, 8010, 8019, 8021; EDUCATION LAW § 6305(3); MUNICIPAL HOME RULE LAW § 10; REAL PROPERTY LAW §§ 145, 334, 334-a, 335; REAL PROPERTY TAX LAW §§ 560, 902, 1312, 1422; […]

Keith A. Slep, Esq. Attorney General of New York — Opinion June 29, 1998 COUNTY LAW, ART 6, §§ 300, 301(1), 303(1), 308; ALLEGANY COUNTY LOCAL LAW NO. 1, § 9 (1992). Allegany County, after establishing an E911 system, may not turn over to the Village of Wellsville Police Department the dispatch of emergency services […]

Alfred I. Goldberger, Esq. Attorney General of New York — Opinion Dated: April 27, 1987 NY CONST, ART IX, § 2(c)(ii)(10); CITY OF SCHENECTADY CODE OF ORDINANCES, §§ 247-1, 247-2, 247-9; GENERAL CITY LAW, § 20(13) and (22); GENERAL MUNICIPAL LAW, § 250(c); MUNICIPAL HOME RULE LAW, § 10(1)(ii)(a)(9-a) and (12); VEHICLE AND TRAFFIC LAW, […]

James C. Tomasi, Esq. Attorney General of New York — Opinion Dated: August 20, 1986 NY CONST, ART XIII, § 3; TOWN LAW, §§ 20(4), 30(10), 64(5); PUBLIC OFFICERS LAW, §§ 30(1)(a), 42(1). Upon the death of the incumbent town clerk, the deputy may serve only until the vacancy can be filled through appointment by […]

Glenn S. Hackett, Esq. Attorney General of New York — Opinion Dated: November 2, 1989 GENERAL MUNICIPAL LAW, §§ 239-l, 239-m. The positions of city building inspector and member of the county planning board are compatible. Glenn S. Hackett, Esq. County Attorney, Niagara You have asked whether a city building inspector may also serve as […]

HON. M. LEO FRIEDMAN Attorney General of New York — Opinion Dated: February 3, 1977 REAL PROPERTY TAX LAW, § 485-b. Real Property Tax Law, § 485-b does not provide a termination date for the Town of North Hudson to pass a local law reducing the real property tax exemption granted by that section. The […]

Burns F. Barford, Jr., Esq. Attorney General of New York — Opinion March 9, 1999 VILLAGE LAW § 18-1804. Village Law § 18-1804 provides the appropriate procedures to use for diminishing the boundaries of a village. YVONNE M. HOVE, Assistant Attorney General Burns F. Barford, Jr., Esq. Informal Opinion No. 99-11 Village Attorney Village of […]

Glen A. Plotsky. Attorney General of New York — Opinion July 16, 2009. General City Law § 3; Uniform City Court Act §§ 2104(e), 2104(e)(1)(i), 2104(e)(2)(ii); N.Y. Const. VI, § 17(d), IX, § 3(a)(2); Municipal Home Rule Law § 11(1)(e) A vacancy in the position of city court judge that is filled by appointment by […]

Hon. James P. McGrath Attorney General of New York — Opinion Dated: November 9, 1978 THE CHARTER OF THE CITY OF OSWEGO, §§ 20.01 and 20.08. The intent to preserve laws not inconsistent with provisions of the new Charter of the City of Oswego is clearly manifested by section 20.01 contained therein. Therefore, section 20.08 […]

Joel Jay Flick, Esq. Attorney General of New York — Opinion Dated: June 16, 1982 VILLAGE LAW, § 3-300(3) and (4). A village board of trustees may appoint the village attorney to serve as acting village justice if the board arranges matters so that the village attorney does not appear in the village court representing […]

Mark G. Gebo, Esq. Attorney General of New York — Opinion Dated: March 17, 1983 TOWN LAW, § 272. A town charging fees for applications to the planning board for approval of site plans and subdivisions, under some circumstances must refund a portion of the fee in the event that the applicant withdraws his application. […]

HON. J. PHILIP ZAND Attorney General of New York — Opinion Dated: October 1, 1976 CONSTITUTION, Article VI, § 22, subdivision (i); UNIFORM JUSTICECOURT ACT, § 105, subdivision (d), as enacted by CH. 739 L. 1976,effective July 1, 1977 (referred to as pending law); TOWN LAW, §60-a, as now in effect (referred to as present […]

HON. MICHAEL ROTH Attorney General of New York — Opinion Dated: May 3, 1977 ALCOHOLIC BEVERAGE CONTROL LAW, §§ 106-a, 110; CRIMINAL PROCEDURELAW, §§ 160.50, 160.60; EXECUTIVE LAW, § 296, SUBD. 14. State Liquor Authority may not ask applicants for a license whether or not they have ever been arrested but may ask only about […]

Robert J. Ponzini, Esq. Attorney General of New York — Opinion Dated: November 18, 1982 GENERAL OBLIGATIONS LAW, § 5-703(2); VILLAGE LAW, § 1-102. A contract for the sale of realty is complete upon the acceptance of a successful bid at auction provided a written memorandum of sale has been thereafter executed. Villages have power […]

HON. WILLIAM G. BARRY Attorney General of New York — Opinion Dated: May 6, 1977 GENERAL BUSINESS LAW, § 369-e; GENERAL MUNICIPAL LAW, §495-a(2) Notwithstanding compliance with the requirements of section 369-e of the General Business Law, the operation of bingo by a profit-seeking commercial establishment is a misdemeanor pursuant to General Municipal Law, § […]

Hon. Richard A. Kahan Attorney General of New York — Opinion Dated: October 20, 1980 BUSINESS CORPORATION LAW, §§ 201, Subd (a), 510, 803, Subd (a);NOT-FOR-PROFIT CORPORATION LAW, §§ 102, Subd (a), Par (5), 201,Subd (a), 404, Subd (a), 508, 515, 804, Subd (a); UNCONSOLIDATEDLAWS (Urban Development Corporation Act), §§ 6252, 6254 (1) (4)and (9), […]