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, § […]
Category: Attorney General Opinions
Opn. No. 1980-93
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), […]
Opn. No. 1977-140
HON. DIANA W. RIVET Attorney General of New York — Opinion Dated: April 1, 1977 COUNTY LAW, § 209; GENERAL CONSTRUCTION LAW, § 65(a)(1)(b)(3);McKINNEY’S UNCONSOLIDATED LAWS, §§ 8064(1), 8068(1) and (2), 8113(1)and (4) and (5) and (8), 8127(1) and (3). The Legislature of Rockland County has no authority to investigate matters pertaining to the activities […]
Opn. No. 84-F11
Hon. Hector Deltoro Attorney General of New York — Opinion Dated: December 3, 1984 GENERAL MUNICIPAL LAW, § 805-a; McKINNEY’S UNCONSOLIDATED LAWS (EMERGENCY TENANT PROTECTION ACT), §§ 8621, 8624(a); PUBLIC OFFICERS LAW, § 74. Acting as counsel to an organization representing property owners’ interests while a member of a Rent Guidelines Board would constitute a […]
Opn. No. 1980-11
Hon. Ronald A. Zweibel Attorney General of New York — Opinion Dated: August 11, 1980 EXECUTIVE LAW, § 622. Voluntary service one or two evenings a month as an arbitrator in the Civil Court of the City of New York by a member of the Crime Victims Compensation Board is not prohibited by Executive Law, […]
Opn. No. F91-8
Hon. Edward V. Regan, State Comptroller Attorney General of New York — Opinion Issued on: December 18, 1991 NY CONST, ART V, § 7; EDUCATION LAW §§ 182, 186, 392, 396 and6252, 6255; RETIREMENT AND SOCIAL SECURITY LAW §§ 440, et seq., 449,500, et seq., 515, 600, et seq., 611; L 1983, CH 414; L […]
Opn. No. I93-43
Ellen Berkowitz, Esq. Attorney General of New York — Opinion Issued on: June 29, 1993 NY CONST ART IX, § 2(b)(2); GENERAL CONSTRUCTION LAW § 41;MUNICIPAL HOME RULE LAW, § 40. If the supervisor of a town makes a home rule request, the town board canapprove the request through a majority vote of its total […]
Opn. No. F93-5
Hon. Richard C. Surles, Commissioner Attorney General of New York — Opinion Issued on: November 24, 1993 MENTAL HYGIENE LAW § 7.35; PUBLIC OFFICERS LAW §§ 17, 73, 73-a,74; L 1989, CH 435. Section 7.35 of the Mental Hygiene Law provides defense andindemnification coverage to physicians with respect to the treatment ofpatients but not as […]
Opn. No. 2006-7
Charles J. Genese. Attorney General of New York — Opinion July 25, 2006. Uniform Justice Court Act §§ 110, 111, 209, 701,1504,1505, 1911; Uniform Civil Rules for the Justice Courts § 214.5; 22 NYCRR 214.5; Civil Practice Laws Rules § 8011; Town Law §§ 20, 23, 39; Criminal Procedure Law § 2.10; Public Officers Law […]
Formal Opinion No. 88-F7
Hon. Thomas Sobol Attorney General of New York — Opinion Dated: December 29, 1988 EDUCATION LAW, §§ 210, 215; PUBLIC OFFICERS LAW, § 17; 8 NYCRR §§ 50.1 (h), 52.1 (a), (b)-(n), 52.2, 52.3, et seq., 52.23 (b) (1) and (2); L 1981, Ch 228. Consultants hired by the State Education Department to assist in […]
Informal Opinion No. 89-40
Aaron D. Maslow, Esq. Attorney General of New York — Opinion Dated: August 1, 1989 ELECTION LAW, §§ 3-100(3), 3-200(1) and (3), 3-204(4), 3-214(1), 3-300, 4-104, 4-114, 4-119, 4-120, 4-124, 4-128(1), 4-132, 4-134(1), 4-136(3) and (4); EXECUTIVE LAW, § 950(5); PUBLIC OFFICERS LAW, §§ 73, 73-a, 74(1). The Board of Elections in the City of […]
Opn. No. 1981-15
Hon. Edward J. McLaughlin Attorney General of New York — Opinion Dated: September 21, 1981 ALCOHOLIC BEVERAGE CONTROL LAW, §§ 109, 127-d. The State Liquor Authority may refund to a licensee the amount of any license fee overpayment received during the preceding three years. Hon. Edward J. McLaughlin Chairman New York State Liquor Authority Division […]
Opn. No. 1979-36(2)
Paula Levitt Attorney General of New York — Opinion Dated: August 3, 1979 EDUCATION LAW, § 6204 subd. 2 (c)(i) and § 6203 subd. 3(d) Ex-officio trustee (chairperson of the university student senate) may vote as of July 1, 1979 and 9 trustees constitute a quorum of the board of trustees of City University of […]
Opn. No. 81-71
James J. Michalek, Esq. Attorney General of New York — Opinion Dated: May 5, 1981 PUBLIC HOUSING LAW § 30 (2), (4) and (5). Public Housing Law § 30(4), which provides that not more than one member of a Public Housing Authority may be an official or employee of the municipality at any one time, […]
Formal Opinion No. 85-F15
Ms. Karen Burstein Attorney General of New York — Opinion Dated: November 22, 1985 EXECUTIVE LAW, §§ 292.11, 296.2-a(a), (b) and (c), 296.5(a) (1), (2) and (3); 42 U.S.C. § 3601, et seq. A landlord may not (1) ask a prospective tenant to divulge his or her past, present or future marital status; (2) require […]
Opn. No. 81-73
Peter Feldstein, Esq. Attorney General of New York — Opinion Dated: May 12, 1981 HIGHWAY LAW, §§ 189, 194, 284; LOCAL FINANCE LAW, § 35.00. A highway by use is three rods wide by law, but the traveled way may be a lesser width. Authorization and payment for widening is to be in accordance with […]
Opn. No. 1976-210
HON. DONALD E. KEINZ Attorney General of New York — Opinion Dated: June 4, 1976 COUNTY LAW, § 501 A county attorney must appear in support of the petition in a family offense proceeding when requested to do so by the Family Court. HON. DONALD E. KEINZ County Attorney, Oneida County This is in response […]
Opn. No. 2005-6
Michael J. Bolender Attorney General of New York — Opinion February 11, 2005 CRIMINAL PROCEDURE LAW §§ 1.20, 2.10; VEHICLE AND TRAFFIC LAW §§101, 132-a, 375; VILLAGE LAW ART. 8, §§ 8-800, 8-802; L. 1981, CH. 789. Village constables may not operate vehicles with sirens or red and white flashing lights. KATHRYN SHEINGOLD, Assistant Solicitor […]
Opn. No. 83-F13
Anthony M. Papa Attorney General of New York — Opinion Dated: December 27, 1983 PUBLIC OFFICERS LAW, §§ 73 and 74(2), (3)(h); EXECUTIVE ORDER NO. 3, issued January 18, 1983. The part-time employment of the Chief Executive Officer of the State Liquor Authority as a teacher at the New York City Technical College does not […]
Opn. No. I91-64
William M. Kavanaugh, Esq., Corporation Counsel Attorney General of New York — Opinion Issued on: September 26, 1991 NY CONST, ART IX § 2(c); EXECUTIVE LAW § 383; MUNICIPAL HOME RULELAW §§ 2(5), 10(1)(ii)(a)(2) and (4)(b). A city does not have the authority to enact a local forfeiture lawpermitting the seizure of personal or real […]