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 […]
Category: Attorney General Opinions
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 […]
Opn. No. 2002-F2
Hon. Richard B. Long Attorney General of New York — Opinion October 30, 2002 N.Y. CONST, ART. VI, § 20(b); EXECUTIVE LAW § 165; PUBLIC OFFICERS LAW § 3. A sitting judge on the Court of Claims may not also serve on the New York State Commission on Uniform State Laws under New York Constitution […]
Opn. No. 1980-200
Charles H. Clark, Esq. Attorney General of New York — Opinion Dated: July 28, 1980 TOWN LAW, Art 18, §§ 300-302. Equitable sharing of the cost of a division fence between adjoining landowners is required only if both landowners keep livestock on their adjoining land, which includes a landowner who does not keep livestock at […]
Informal Opinion No. 83-61
Jerome A. Mirabito, Esq. Attorney General of New York — Opinion Dated: November 9, 1983 The city department with jurisdiction over requests for zoning changes need not entertain the same application a second time. The matter has been decided after a public hearing, there has occurred no change in circumstances to warrant a new application […]
Opn. No. 97-4
Marvin Ross, Esq. Attorney General of New York — Opinion February 27, 1997 TOWN LAW §§ 176(18-a), (19), 176-a(1). The positions of fire chief and house maintainer of a fire district are incompatible. JAMES D. COLE, Assistant Attorney General Marvin Ross, Esq. Informal Opinion Woodmere Fire District No. 97-4 P. O. Box 599 Lawrence, N […]
Opn. No. 1979-152
Joseph Balek, Esq. Attorney General of New York — Opinion Dated: May 17, 1979 N.Y. CONST. ART VI; MUNICIPAL HOME RULE LAW § 11 (1[e]); ELECTION LAW§ 15-126 (1); PUBLIC OFFICERS LAW §§ 3, 5; VILLAGE LAW § 3-300(2[a, b]) A village board of trustees of a village having less than three thousand population may […]
Opn. No. 2000-18
Richard B. Meyer, Esq. Attorney General of New York — Opinion August 30, 2000 N.Y. CONST., ART. IX, §§ 2(b), (c), 3(d)(1); HIGHWAY LAW § 139(2); MUNICIPAL HOME RULE LAW §§ 2(5), 10(1)(ii)(a)(5). A county may, pursuant to the Municipal Home Rule Law, enact a local law requiring, as a condition of a claim against […]
Opn. No. 1980-124
Hon. John J. Pettigrass Attorney General of New York — Opinion Dated: March 24, 1980 EXECUTIVE LAW, §§ 370-389 (Art 18); PUBLIC AUTHORITIES LAW, §§2300-2338 (Art 8, Title 15). The City of Auburn Industrial Development Authority is not required to obtain a certificate of occupancy from the City of Auburn to occupy a building it […]
Opn. No. 96-43
Tal G. Rappleyea, Esq. Attorney General of New York — Opinion December 31, 1996 COUNTY LAW § 700(1); VILLAGE LAW § 20-2006. The positions of assistant district attorney and member of a panel of three special counsels (to substitute for the town attorney, planning board attorney, or zoning board attorney in the event any are […]
Opn. No. 2007-F4
Kevin Law. Attorney General of New York — Opinion. October 9, 2007. Public Authorities Law §§ 1020-1020-w, 1020-a, 1020-c(1), 1020-d, 1020-e, 1020-f, 1020-f(c), 1020-f(u), 1020-g(g), 1020-g(h), 1020-g(I), 1020-gg, 1020-s(1); Public Service Law Article 4 LIPA employees may receive “bonuses” as part of an incentive compensation plan. Whether financial sponsorships of programs under the auspices of […]
Informal Opinion No. 86-15
George T. Dolan, Jr., Esq. Attorney General of New York — Opinion Dated: April 10, 1986 PUBLIC OFFICERS LAW §§ 3, 30. The first assistant district attorney of Columbia County is a public officer required to be a resident of the county. George T. Dolan, Jr., Esq. County Attorney, Columbia You have asked whether the […]
Opn. No. 1977-11
HON. FRANK J. ROGERS Attorney General of New York — Opinion Dated: March 9, 1977 NEW YORK STATE CONSTITUTION, ARTICLE XVII, § 2; EXECUTIVE LAW,§§ 750(1), 757(1) and 759(1); NOT-FOR-PROFIT CORPORATION LAW, §404(b). The State Board of Social Welfare has legal authority to approve the physical facility and the certificate of incorporation of a not-for-profit […]